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.
Devajyoti Barman
(Expert) 16 October 2014
Yes, unless mother is joined in the sale deed, you would be in trouble.
Rajendra K Goyal
(Expert) 16 October 2014
Mother is also having share in the property of her deceased son, if she has not gifted / renounced her share her consent is required.
ajay sethi
(Expert) 16 October 2014
title to property is not clear and marketable . avoid purchasing the property .on demise of owner mother has 1/4th share in said plot . wife could not have executed gift deed in favour of daughters for entire plot of land
Rajendra K Goyal
(Expert) 16 October 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Purchase-of-open-plot-502501.asp#.VD_GffmSyn0
http://www.lawyersclubindia.com/experts/Purchase-of-open-plot-regarding-legal-heirs-502551.asp#.VD_IWPmSyn0
