Purchase of property
P.Balasubramaniam
(Querist) 08 June 2010
This query is : Open
Dear Sirs,
One of my client intented to purchase two different properties. When I scrutinising the documents, I have got some clarifications.
a. First item of property and its larger extent was purchased by one Ramasamy during the year 1965. He settled the portion of the property to his Minor son Ramesh through his junior wife Latha in the year 1976. The settlor gives only life interest to his junior wife and his minor son, the absolute right goes to the male legal heirs (Grand sons of the Ramasamy) of his minor son Ramesh. The settlor Ramasamy died in the year 1978. His son Ramesh died in the year 1987 as unmarried. The said Ramesh got four married sisters. His mother Latha filed a suit against the Tahsildar, to declare that she is the only legal heir. The suit is decreed as prayed for in the year 2008. The said Latha sold the said property in favour of the present owner. Further the said Latha died in the year 2009. My clarification is that both the Mother and Son have got only life interest, then how she sold the property without obtaining signatures from the other legal heirs of the settlor. Is it valid sale transaction. I request the learned seniors advocates to guide me in this matter with suitable case laws.
b. Likewise, the second item of property and its larger extent was purchased by one Murugan during the year 1975. He died intestate in the year 1979 leaving behind his senior wife, junior wife, 2 sons and 2 daughters through his senior wife, 1 sons and 3 daughters through his junior wife. The said legal heirs partitioned their properties during the year 1983. Under the said partition F Schedule property was allotted to his Junior wife and her son for their life interest and their life time the property shall be goes his (son's) male heirs. The said died in the year 1987 as unmarried leaving behind his mother as his Class I legal representative. His mother filed a suit against the Tahsildar, to declare that she is the only legal heir. The suit is decreed as prayed for in the year 2007 and his mother sold the said property in favour of the present owner. Further she died in the year 2008. My clarification is that both the Mother and Son have got only life interest, then how she sold the pproperty. Is it valid sale transaction. I request the learned seniors advocates to guide me in this matter with case laws.
With Regards,
P.Balasubramaniam
