Purchase of ancestrl property-adverse posession
Manjunatha Holla
(Querist) 28 October 2012
This query is : Resolved
1. An agreement of sale was executed between Sri AB , GK son of AB and Mr. CS(third party) in 1982. In Jan., 1983, a Notarised GPA, was executed by Sri.AB, , and his son to Mr. CS (not related by blood), authorizing Mr. CS to sell the property which they acquired by way of ancestral one.
2.During Nov 1983, Deed of Sale executed by Sri AB represented by his GPA Holder Sri.CS in favour of MR.X, , and Mr. X purchased this ancestral property of Sri AB.
2. Based on the SA & GPA, During Nov 1983, Mr. CS has sold this property of Sri AB to Mr. X . Though the GPA was executed by both Father & Son, property sold by GPA holder only on behalf of Sri AB (Father), & there is no registered confirmation from the children of Sri AB. Neither the son of Sri AB is a party to the sale deed.
4. Mr. X has the BBMP khata in his name, paid all the taxes till date. Now wants to sell the property.
5 Though there is no registered confirmation from the children of Mr. AB for this sale, Mr. X is of the opinion that as the property is held by him for more than 19 years, by virtue of adverse possession, he has a clear title and the children of Mr. AB or grand children of Mr. AB or any one can dispute this.
Clarification sought :
1. Is it mandatory to get the registered confirmation from all the sons/daughters for the sale of ancestral property?
2. Whether the adverse possession as claimed by Mr. X is valid.
3. Is it safe to buy this property under the above circumstances, or will it lead to complications at a later date?
Thanking in anticipation.
ajay sethi
(Expert) 28 October 2012
dont purchase the property title is not clear and marketable .
if you want to play safe and still buy the property make an application for bank loan .
in my view no bank will sanction laon for said property as property has been sold on basis of GPA on behalf of father only .
no deed of confirmation has been given signed by the sons .
play safe . dont buy the property . consult a local lawyer if you want to go ahead
Manjunatha Holla
(Querist) 28 October 2012
Ajay Sethi Sir,
Thnks a lot. This is where the real experts are required.
with regards,
Manjunatha
