Deepu (agt) 18 August 2011

Ancestral property rights

Hi All,

I have following question on the property i want to buy

Person X gives a GPA(registered) to his 3 sons Person XA,XB & XC for a piece of agricultural land.They create a Layout which came under KR puramCMC bangalore.Person XA sells 2 sites from his share to Person Z (not related to X, XA,XB,XC) in 2000 and Person Z builds the house and lives there for past 10 years .Now Person Z wants to sell this house and i am potential buyer

My question is

1. Do we required a declaration from sons ,daughter and grand children of XA to safe guard the ownership from any kind of litigation or future claiming of ownership from grandchildren

2. Will a declaration from sons and daughter of XA saying that they and their sons and daughter do not have any ownership will safe guard the ownership and insulate from any claim /petition

3. Are there any laws to safe guard the interset of the second purchaser(mebeing second purchaser) from claiming of property by grand sons /daughter of XA in future.

Looking forward for valued comments

Regards,

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5 Replies

adv. rajeev ( rajoo ) (practicing advocate) 19 August 2011

If it is ancestral property of X then everybody has to relinquish their rights over the properties, otherwise it will be problem if one of the family members sought for his/her share in the property. Mr. X is only has got right to sell his share not entire property.

Deepu (agt) 19 August 2011

Thank you Rajeev.

In this case Person X has provided a GPA for his three sons XA,XB & XC and These three sons shared the property and created a layout . And XA's got some 200 sites as his share , He sold 2 sites to person Z and other sites to so many other people Who have been leaving in this layout for almost 10-15 years.

I read some where in this forum that once the property is shared ,Then each share would become self acquired property of XA,XB and XC respectively and no more holds ancestral property status and sons and daughter of XA ,Xb & XC will not have any rights on X property because it was already shared among XA,XB & XC and they own it now.

In this case XA is alive and has written a will and has shared his part of 200 sites(what ever sites are left after he has sold ) with his sons and daughter.

So do sons and daughter and grandchildren have any rights on XA property which was already sold to 3rd party .Because now its XA self acquired property and sons and daughter and grand children get a share as per will of XA or if there there is no will then they should get part of XA property he owns at the time of death. Which actually means when XA has sold the 2 sites to 3rd party .Sons & daughter or grandchildren should not have any rights because it was self acquired property of XA and he has sold it as per his wise.

Is this understanding correct.

Also is it safe to buy the two sites if Sons and Daughters of XA provides a declaration that they and their sons and daughter do not have any rights on these sites which was sold by XA to person Z.