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shivu (legal)     06 June 2022

Agricultural land karnataka : rights and ownership

Dear Lawyers, 
I am planning to purchase a piece of agricultural land in Karnataka, which is now open to all. here is the info.
5 acres was divided among 4 brothers and wife of 5th brother in 1971 using partition deed.
This lady has 1 acre, also had 4 sons of her own, all majors.
She died in 1977. 
In 1978, her 3 sons - approved transfer of rights(khata and pahani) to one remaining son Mr X. This transaction does not show up in EC, nor there is a partition deed done(vibhaaga).There is however one single page document called ISC letter(not sure about name) which is available from taluk office records which details that the 3 brothers have signed their no-objection to transfer of khata and pahani. 

Is this sufficient to proceed with purchase? Brothers are ready to come and sign as approvers/witness, but I fear their major children and grandchildren today are also eligible for share. Please advise on how to proceed.
 



Learning

 3 Replies

Shashi Dhara   06 June 2022

Take their consent  ,their  children s and grand children s get negligible share ,is it too much valuable then take as much heirs who comes and sign in SRO.

Dr J C Vashista (Advocate)     07 June 2022

Some deeper legal issues are involved in the facts vis-a-vis query.

It will be better to consult a local prudent lawyer for proper analyses of facts / documents, professional advise and necessary proceeding.

P. Venu (Advocate)     18 June 2022

The conveyance needs to be executed by all the legal heirs of the deceased 5th brother and his wife.


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