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Sathya (Software Engineer)     26 August 2012

Documents for purchasing property inherited by will

Hello Friends,

I am trying to buying a land in my native place in Tamilnadu. The land owner is a known person to me.  The land is agriculture land.

Let us assume He is S1 and his father is F and he has a brother S2.  F inherited properties from his ancestors.

The land i am going to buy and another property are given to S1 by F through a registered Will (not probated).

S1 has patta/Khata in his name for the land. S1 has a wife and 2 children (one major and one Minor).  

Now when I buy this land what are all the documents i need to look for. I am currently offered with

1. Copies of original combined land the F got from his ancestors

2. Copy of the Will made in favour for F1.

3. Copy of the will made in favour of S1 by F1.

4.  Application for Patta/Khatha transfered to my name post sale of the land

5. Witness sign by the wife of S1 and the major kid of S1 in the sale deed to me.

Now what are all the additional documentation required and an relinquishment letter from wife and kids of S1 required? or any interest of minor has to be cleared?.  What would be the role S2 (brother of S1 in this)?

Is S1 is sole owner of the inherited or he owns only 1/3 or 1/4 of what he own and is the children and wife of S1 also has share in the inherited property?

Thanks

Sathya 



Learning

 5 Replies

MUTHURAJAN (ADVOCATE)     26 August 2012

first up all, the F can't convey the ancestral property through will. S2 has a share of 1/3rd in that property. S1 is not sole owner to the property.Moreover you just verify that F has any daughter, if he has any daughter they also the cooparcener. my suggestion is you better leave that property.

Sathya (Software Engineer)     26 August 2012

Thanks Muthurajan for your kind reply. I have reconfirmed now that F self acquired the property. F dont have any daughters (neither alive nor deceased) and only S1 and S2 are legal heirs (I had a look on death certificate of F and legal heir certificate of S1/S2).  So it is question possibility of legal litigation filed by S1 and S2's sons/daughters and it's validity.

 

Thanks

Sathya

JT Rajasuriya, Chennai (Advocate 98410 53790)     26 August 2012

Mr.Sathya,

                    If the property is F's self-acquired property then there is no problem in buying the said property from S1.

Sathya (Software Engineer)     26 August 2012

 

Thanks Rajasuriya sir, What type of consent required from both major and minor sons of S1 (witness in sale deed is enough?) 

and whether sons/daughters of S2 can file a case later in time challenging the will of their grand father?

JT Rajasuriya, Chennai (Advocate 98410 53790)     26 August 2012

If F gave to S1 by will self acquired properties - doesn't matter to get consent, etc. from S1s children

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