Pramod (Manager) 24 April 2014

Query on self acquired property

Hello Legal Experts,

I am planning to buy residential property in Banashankri from Seller aged 80 years who has 2 sons & 1 daughter.

I requested seller to make consenting witnesses of his wife and children in Sale deed to avoid any dispute in future. But seller is denying that he would not make consenting witnesses of his sons & daughter since he is claiming its self-acquired property which he bought for 10 lakh in 2004 by his own earnings. Whether is there any compulsion or law to get signature of all his family member?

What is the rights of his wife, sons, daughters & grandchildren on this banashankari property?

Seller also mentioned that this banashankari property funds generated out of selling property in basavangudi which he again claims that it was self-acquired property .

Assuming basavangudi property is ancestral property which he has sold & bought bansashanri property then what is the legal rights of his sons, daughet & grandchildren.

My bank is ready to fund loan to purchase this property however I am insisting to make seller son & daughter as consenting witness.

Could you please let me know your valuable suggestion & legal opinion?

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4 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice) 24 April 2014

If basavangudi property is ancestral property which he has sold & bought bansashanri property then there is legal rights of his sons, daughter.

It is better to take no objection from them.

You also take the search report of the property and make paper publication before purchase...

Pramod (Manager) 24 April 2014

Hello Mahesh

Thanks for your valuable suggestion.

Seller mentioned that due to family dispute one of the son & daughter will not participate in registration process or they don’t sign it for NOC. What is the way forward?

Could you please also tell whether notarized NOC will suffice or it has to be registered?

How many days before registration paper publication to be made?

Could you please also share NOC format for this kind of scenario?

What if Basavangudi property is self acquired property?

Do the son & daughter still have legal rights on Banashankari property?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 24 April 2014

1.Title deed / certificate of title of the land:

When you are planning to buy any property, first and foremost thing is to check down the title deed of that property. The property title deed is the legal document which proves the ownership of property. The title deed presents certain rights and freedom to the person who holds it and such deeds are required where person wants to transfer his ownership.It includes descriptttion of property along with the person’s name that holds it and multiple persons can be listed as owner as well. An official seal is used to point out that the deed is recorded officially and normally it is signed by an owner(s) and a witness who may be a regional officer or a clerk. For self acquired property, no need others signatures of family members.

Pramod (Manager) 25 April 2014

Hello Ramachary / Mahesh Thanks for your reply. I had checked sale deed of seller in which it’s mentioned that he bought banashankri property for 10 lakh in 2006-06. In title deed it is never mentioned that this property has bought by selling other property and also he has nominated any other person or multiple ownership. Is this property self-acquired property? Is it mandatory to get NOC from seller sons & daughters? Seller is going to buy another property in uttarahaali by selling banashankari property to me for 60 lakh (registered value? Seller sons, daughter & grandchildren will have rights on new uttarahlli property or on banashankari property which sold to me.