Purchase of property
Suraj Kumar
(Querist) 24 May 2018
This query is : Resolved
Sir,
My friend offered to sale land of his grandmother. Her grandmother had four son, property divided by partition deed among them. My friend is only son of his parents as per warison certificate. If I purchase the land what problems may be raise ?
Sudhir Kumar, Advocate
(Expert) 25 May 2018
are you purchasing a property which does not have clear title of the seller and which is not clearly demarcated.
Guest
(Expert) 25 May 2018
Mr. Subrata Haldar,
Incomplete and vague description of the problem. Seems to be merely an academic query.
However, if not academic query, are both of his father and mother dead?. Further, has he got the property mutated in his name on revenue records and on what basis?
Suraj Kumar
(Querist) 25 May 2018
Sir, my friends grandmother and father is died but his mother is alive
SHIRISH PAWAR, 7738990900
(Expert) 25 May 2018
If partition took place so your friend can sale 1/4 share in the property. Your friend has to take legal heirship certificate from court.
Guest
(Expert) 25 May 2018
Risky deal. Your friend cannot sell the whole property to be shared equally among all the legal heirs of his father, which includes mother of your friend also.
P. Venu 
(Expert) 25 May 2018
How the property could be belonging to the grand mother if the property has already partitioned among the sons? Was the partition carried out through a registered deed? Has the subsequent mutations been carried out?
Sudhir Kumar, Advocate
(Expert) 26 May 2018
Agreed with experts above as no better views can be formed wih given sketchy facts.
I reiterate
are you purchasing a property which does not have clear title of the seller and which is not clearly demarcated.
Suraj Kumar
(Querist) 26 May 2018
Sir, My friend applied for mutation of the property for his and his mother's name.
Can I purchase the property after mutation ?
Dr J C Vashista
(Expert) 27 May 2018
1. Mutation of property do not confer title of any property.
2. What are the terms of partition deed is to be analysed before making any opinion/suggestion or advise?
3. You did not respond the query raised by expert Mr. P Venu, what is your reply?
4. I agree with the expert opinion of Mr PS Dhingra.
5. The title of the property is doubtful.
6. In your own interest, you must consult a local prudent lawyer before finalising the deal.
