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KISHORE (PA)     16 October 2014

Purchase of open plot

Dear Sir, I would like to purchase a open plot whose owner is died on 18-11-1998.  The plot owner is survived by his mother, wife, two married daughters and one married son.    On 16-06-2012, the said plot was registered by way of Gift Settlement Deed in favour his two married daughters by his wife and one married son by producing the death certificate of the plot owner.   The two married daughters and one married son are having minor children now (all are about having below 8 years old).  The plot owner mother is living separately and is not having good relations with the plot owner’s other family members i.e. his wife, daughters and son.  Can I purchase the said plot.  Are there any legal problems in future from the plot owner’s mother or grand children or from any other angle.  Please advise.



Learning

 3 Replies

Hardeep (Business)     16 October 2014

As I understand it the mother made a gift deed of her share to the son and two daughters. As long as the gift deed is properly made and registered it can't be revoked. So you may buy from son and daughters now.

adv.raghavan (Advocate,9444674980)     16 October 2014

Property owner died intestate, property devolves upon CLASS I LEGAL heirs, which includes mother also. failure to get mothers consent ,will land you in problem. I hope the land is clear but the title has some problems. 

NARENDER RAO BASAVARAJU (ADVOCATE)     16 October 2014

YES. WHAT ADV. RAGHAVAN SAID IS CORRECT. MOTHER WILL HAVE  A SHARE IN THE PROPERTY. YOU HAVE ALREADY MENTIONED THAT SHE IS NOT IN GOOD TERMS WITH OTHER FAMILY MEMBERS AND HENCE SHE MAY CREATE A PROBLEM IN FUTURE.

IF YOU ARE VERY KEEN IN PURCHASING THE SAID PROPERTY YOU MAY CONTACT A GOOD CIVIL LAWYER IN YOUR AREA , WHO MAY  FIND A COMPROMISING SOLUTION.

HOWEVER  YOU MAY  TRY TO FIND OUT  WHETHER ANY WILL WAS MADE BY HE DECEASED IN FAVOR OF HIS WIFE SO THAT SHE MAY ENJOY OR TRANSFER THE PLOT. BUT THE WILL IS VALID ONLY   IF THE PLOT IS SELF ACQUIRED BY THE PLOT OWNER. IN SUCH CASE THERE WILL BE NO PROBLEM FROM THE MOTHER OF THE DECEASED.

 


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