Purchase of open plot
KISHORE
(Querist) 16 October 2014
This query is : Resolved
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.
Anirudh
(Expert) 16 October 2014
Apart from his mother, whether the deceased person has any other brother(s)/sister(s)?
KISHORE
(Querist) 16 October 2014
yes sir. he is having sisters and brothers but the property is purchased from his own source money not ancestral property
KISHORE
(Querist) 16 October 2014
sorry not resolved
KISHORE
(Querist) 16 October 2014
sorry query is not resolved
Anirudh
(Expert) 16 October 2014
Dear Kishore,
As you know, when a man having property (of course I am talking here only about the self-earned property) dies, without leaving a WILL, then his property will go to his legal heirs.
One of the legal heirs in this is his mother.
That means, the mother is legally entitled to a share in the property. In this case it has not been given to her.
So for all times to come, the mother's share cannot be denied. Assuming the mother also dies, then her legal heirs (i.e. her other son(s) and daughter(s)) are entitled to get their share from the property.
Therefore, the act of the persons here in settling the property in favour of the married daughters, without the knowledge of the mother of the deceased, is wrong. The daughters cannot be said to possess proper title to the property.
Therefore, purchasing the property in question will pose problems at all times to come, unless the mother is also made a party to the SALE along with the wife, son and daughters of the deceased.
KISHORE
(Querist) 16 October 2014
thanks for your reply. can u please let me know if deceased mother signs. is it ok or there any problems from deceased father side who also died.
KISHORE
(Querist) 16 October 2014
can anybody pls reply
KISHORE
(Querist) 16 October 2014
waiting for reply
Anish Thakur 7018812737
(Expert) 16 October 2014
As per Hindu sucession act the self acquired property of hindu dying intestate will divide in equal share in class 1 legal heirs.
Class Ist Heirs
Son
Daughter
Widow
Mother
Son of a predeceased son
Daughter of predeceased son
Widow of predeceased son
Son of a predeceased daughter
Daughter of predeceased daughter
Son of predeceased so of predeceased son
Daughter of predeceased son of a predeceased son
Widow of predeceased son of a predeceased son
So if the person died in your case and property was registered in his name and self acquired then after his death property will divide in his mother,wife and children and in your matter share is not given to the mother.However if dying person has written any will in favour of any particular person then its all right and no need to apply class legal 1 heir theory.
Mother can ask for share in that property.If mother also sell that property in that case there is no issue regarding minor children as you have to mention a particular para stating that they are selling this property for legal necessity for the education or welfare of the children.
ajay sethi
(Expert) 16 October 2014
repeated query . why 2 threads in respect of same query
Rajendra K Goyal
(Expert) 16 October 2014
Repeated query.
http://www.lawyersclubindia.com/experts/Purchase-of-open-plot-502506.asp#.VD_Gh_mSyn0
Devajyoti Barman
(Expert) 16 October 2014
do not ask for replies in your repeated Query.. IT IS DISCOURAGED HERE.
KISHORE
(Querist) 17 October 2014
Sorry, if troubled anyone with repeated queries. I am not a good drafter, in my first query i was not able to draft full information. After taking my friend's help in drafting I again put the query with full information. That's why it is looking like repeated query.
