Land purchase

Valid and registered gift deed confers ownership with immediate effect and nature of property recieved thru gift deed should be self acquired.

How the property was partitioned; Registered Partition Deed,  Registerd family agreement?

If it is partition by valid deed then one share is of Mother.

Mother can dispose her share by valsid WILL.

 

Check mutation record and all link documents.

Are other legal heirs willing to sign NOC and let the WILL be acted upon?

 

 

 

 

Sir, whose legal heirs are you referring to? Mother's or Mr A's? . Mother of Mr A has written a registered WILL to his grandson stating that she was aware of the partition and she was not available and she agrees to give her one fifth share to his grandson (who is also a legal heir of Mr. A.) All legal heirs of Mr A are ready to sign. Do i need to get the signs of Mr A's Mother legal heirs too?

Similar query is posted by author @ Vandu at;

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=140588&offset=0

Is querist @Kumar and @ Vandu same?

In which thread we should post this one or other one?

Have you consulted a very able counsel specializing in revenue/property/civil matters?

What is the opinion of your own counsel?

'Buyer Beware' is applicable to property deals.

Give public notice before purchase & get title ans search report for past 30 year from property lawyer.

The querist may clarify in which thread the reply should be posted?

 

In this thread you are posing as buyer.

In other thread same situation but you are son of Mr.A (your dad).

 

https://www.lawyersclubindia.com/forum/will-140388.asp

 

What exactly is your requirement?

How are you related with the matter?

 

 

The first line of the said query is in itself doubful,. How can one person purchase a particular proprty in some one elses name? If it has been purchased after 1988, it is a benami transaction and hence an invalid purchase.

Also in case the sale was valid, the said property was in the name of the mother of Mr A. Therefore the partition document which has been executed between the other legal heirs is immaterial and holds no force. The same is immaterial.

As far as the death of the mother is concerned, if the will executed by her is genuine and legally enforcebale , then mr A shall become the owner after her demise subject to probate being obtained of the will, if the property pertains to those terrkitories where probate is mandatorily required.

Augustine Chatterjee

Advocate & Solicitor at Law

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