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brsasireddy   16 December 2024

Muslim's property

Hi All,

    I am planning a buy a plot in bangalore. Here is some backgroud,

  1. Property acquired by Muslim man in 1982 from Hindu owner
  2. Muslim Owner have 4 kids (3 daughter and 1 son).
  3. Muslim Owner died in 2010
  4. The 4 children of the Owner (all around 50+ age) paritioned the propery 1/4 each in 2011.
  5. The 4  children of the Owner have many kids (they are grandchildren of original owner).
  6. Now the muslim owner children (1 son and 3 daughters) are selling the property to Hindu (me)

Questions:

  1. Since current owner(s) are muslim's which property law we need to follow to sell the property?
  2. Do we need signatures of the grandchildren of the Original owner for the sale deed registratiion?
  3. How many years EC we need to check (20,40, 75 ...). We have records for 45 years?.

Please help me.

 

Thanks

Shashi

  



Learning

 5 Replies

P. Venu (Advocate)     16 December 2024

The presently, the children are the joint owners of the property. They can execute and sale the sale deed jointly.

brsasireddy   16 December 2024

Sir, thanks for quick reply,

 We do not need the signature of the grand kids correct?.

 

Thanks

T. Kalaiselvan, Advocate (Advocate)     16 December 2024

The children of the deceased owner are the co-sharers in the property hence they need to execute the registered sale deed jointly in your favor under the transfer of property act and not under any personal law.

Their children need not sign any paper for this. 

The EC for 45 years will be sufficient.

You may obtain a proper legal opinion from an experienced lawyer in the local before you venture into the purchase 

brsasireddy   16 December 2024

Thanks you very much for quick reply.

 

--Shashi

kavksatyanarayana (subregistrar/supdt.(retired))     16 December 2024

Yes.  I agree with the views expressed by the learned expert Sri T.Kalaiselvan sir.


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