LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Supervisor   09 June 2024

Agriculture land

Hi, Experts Greetings

My father want to purchase one acre agriculture land for investment purpose.

we are searching in outskirts of the city, during the time we met one mediator in the village, he showed one couple of lands surrounding the village area approximately 2 km away from village.

we went to  one land owner, we have seen the land and also we liked it, we paid, one lakh token amount to land owner, he has one brother and two sisters.

after paying the token amount land owner has given land documents to us for further verification we approached registration office and everything is clear from land owner documents.

land owner received the land from his mother as a gift deed and also he registered the gift deed.

now we are in dilemma whether to occupy land or not. because the land owner has two sisters, in this one younger sister agreed to sign the registration documents where ever we want her sign legally.

but elder sister is not accepting to sign the document she is not coming forward to sign the document.

from couple of months no further update from land owner, now my father is not ready to buy the land because of land owner sister is not showing any interest to sign the documents and also she is away from his brother and mother relationship.

then we asked landowner to return back our 1 lakh amount, but he is not giving us back.

landowner was telling that he will be giving his sister other place from his own land which is remaining part of his own land after giving us 1 acre land.

In future if his sister come and say that the land is her fathers land without her consent how come her brother sale the land .

In this situation what we have to do?, if we buy the land what documents legally collect from owner, in future we are not ready to face any legal cases.

owner was telling he will be taking care in future if his sister come to him and also he is ready to offer her land from his own remaining land.

what care we should take while buying this one acre land

--

Thank you in advance

Vishaal

 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     09 June 2024

If the property was the self acquired property of the mother of the vendor and if the vendor has got clear and marketable title to the property being sold now,  then you can obtain a legal opinion and proceed with the purchase of the property. 

One in every family will create one or the other kind of obstacles this way,  hence you may better obtain legal opinion and proceed if recommended. 

Vishaal   09 June 2024

SIR, thank you very much for your prompt reply.

1. Ownwer is ready to sell the land, his mother got this land from her husband.

Our intention is if owner sister come back to his brother and say that how can you sold the property without my signature.

we took advice from advocate, he says better not to purchade land because if his sister files a case and ask that her father land she will be having a right to ask her brother.

T. Kalaiselvan, Advocate (Advocate)     09 June 2024

Your piece meal information will fetch you a misguiding opinion only.

You have not mentioned that the property his mother transferred to the vendor was acquired by her from her husband.

If she acquired it after his death then she will be entitled to one share alone in the property and not entire property.

Therefore the transfer of property by executing a registered gift deed in favour of her son may not be legally valid.

Her other children have to join her to execute a registered release deed relinquishing their rights in the property instead of this gift deed.

In such a case the vendor can claim a clear and marketable title to the property now desirous of selling it to you.

You can rethink about your proposal to purchase the property 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register