Manoj 16 February 2016

Right of siblings over property given to one son as saledeed

I am planning to buy the adjacent property for development of an apartment project. This property was sold by my father to my neighbor in year 1967. She has 3 children (1 daughter and 2 sons) and in the year 2011 she has given this property to the youngest son as sale deed. In this the daughter has signed as a witness. The eldest son is not in good terms neither with mother nor with other 2 siblings. He has inherited his father's (who is no more) by way of sale deed as well. There are some disputes going on with regard to some of the other properties between the eldest son vs others. these facts are, for some reason mentioned in the mother to son sale deed. The property that I plan to buy is undisputed to the best of my knowledge and as per the encumbrances reports obtained since 1967. The Prior document (1967 sale) was irrecoverably mutilated and a certified copy was obtained prior to mother-son sale in 2011. My legal counsel has given clearance to purchase the property but indicated that if the prior document ( which will become prior's prior document once I buy) is not in original, then certain banks (legal) may object to give loans when the futuristic apartment buyers approach for loan. Is this true? Legally are there any rights for the other siblings of the owners in this property inherited via sale deed from mother (alive)? Appreciate expert opinions.

Thanks in advance...

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5 Replies

saravanan s (legal advisor) 16 February 2016

since its a certified copy i too dont find any problem with proceeding

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Kumar Doab (FIN) 16 February 2016

If the original document is lost/untraceable then the process of lodging FIR,newspaper publication as per the procedure laid by the authority under which the property falls is to be completed e.g. MC , before the certified copy is issued.

If the original document is mutilated then the process the procedure laid by the authority under which the property falls is to be completed e.g. MC , before the certified copy is issued.

If the mother bought the property from self earned funds then she being owner can dispose the property in her life time as it pleases to her e.g. sale deed.

Once the procedure is completed the certified copy should have no issues.

If the disputes are narrated in sale deed as posted by you then the disputes should be concluded, for clear title.

IN any case the lawyer that has examined complete chain of documents, disputes if any, processes etc can advise you the best.

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GANDHI MOHAN BHARATI (Pensioner) 17 February 2016

The property in the hands of a woman is deemed as her self-earned property. I agree with Kumar Doab.

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Manoj 18 February 2016

Thanks for your valuable responses. She bought the property from her funds itself as she was a government employee at the time of the purchase. Also this particular property is not a disputed one but the mentioning in the document goes like... "I have 2 other children apart from Mr. X, Mr. A & Ms. B. But neither me nor my other children are in good terms with Mr. A and there are civil disputes between us and Mr. A. Mr. A has acquired many properties from my late husband by way of sale deed that are undisputed. He is well off financially hence I am giving this to my youngest son Mr. X by way of sale deed to secure his life."

Manoj 18 February 2016

Thanks Mr. Saravanan and Mr. Kumar & Mr. Gandhi for your valuable responses. She bought the property from her funds itself as she was a government employee at the time of the purchase. Also this particular property is not a disputed one but the mentioning in the document goes like... "I have 2 other children apart from Mr. X, Mr. A & Ms. B. But neither me nor my other children are in good terms with Mr. A and there are civil disputes between us and Mr. A. Mr. A has acquired many properties from my late husband by way of sale deed that are undisputed. He is well off financially hence I am giving this to my youngest son Mr. X by way of sale deed to secure his life." :-)