property purchase
kalyanasundaram m
(Querist) 02 December 2009
This query is : Resolved
I intend to buy a property. Kindly advice about the legal issues.
The property was acquired by the owner & his brother by way of unregistered family partition deed among 4 brothers after their father's death in 1975. They have 4 married sisters. Their father has purchased the property in1949 from his self earnings. The owner's brother sold his half to a third party in 1990. The owner purchased that half from the third party in 1999. No one contested the partition and the subsequent sale and purchase till date. Will there be any legal issues from any of the relatives, if I purchase this property.
joyce
(Expert) 02 December 2009
ur querry is repeated Mr Kalyanasundaram.
Raj Kumar Makkad
(Expert) 02 December 2009
In the aforesaid case, the limitation generally is 30 years from the date of such partition and its entry in the record but even then the rights of the parties cannot be brushed aside merely on the technical reasons. The 4 sisters of the owners had also the right of residence/meagre right of maintenance which has not been cared in the present matter and it can create any problem in near future so you should be well aware of this fact prior to its purchase.
kalyanasundaram m
(Querist) 03 December 2009
Dear Mr.Rajkumarmakkad, Thanks for your kind advice, I have another query; The partition is effected before the Hindu Succession Act 1989 of TamilNadu & was acted upon by the sale and purchase. Will the sisters still have right as the partition was effected in 1975.
kalyanasundaram
