Purchase of land

ravi (Querist) 08 March 2017 This query is : Resolved
Hi Sir,

Iam going to purchase agricultural land, Actual Land owner is died. his son is going to sale the property for his daughter marriage pupose and also having son, he is major. Please suggest me. can i purchase or not?

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Guest (Expert) 08 March 2017
Whether you are farmer , whether you have certificate to prove that you are farmer , If yes then you can purchase land (Subject to title verification) , If you don't have farmer certificate forget it .

Sri Vijayan.A (Expert) 08 March 2017
The vendor has to prove the following:
1. The original owner is died. (Intestate is presumed), ask for death certificate.
2. The present vendor is the only son of original owner, ask for legal heir certificate.
3. Get Encumbrance certificate
4. See the revenue records and registration documents in original
5. Get opinion about title of the property from a lawyer.
6. Then proceed

Regards.

Ms.Usha Kapoor (Expert) 09 March 2017
I endorse the view expressed by Expert Vijayan A.

Adv. Yogen Kakade (Expert) 09 March 2017
If you are a farmer and if the title of the property has been transferred as per the succession and the name is reflected of the successors in the revenue records, then with the signatures of all the successors you can purchase the land and execute a sale deed. But it is advisable to consult a local lawyer.

Rajendra K Goyal (Expert) 09 March 2017
Local rules / law applicable, show all documents to local lawyer and discuss in detail.

Kumar Doab (Expert) 09 March 2017
‘Buyer Beware’
Applies to property deals.

Therefore as suggested by experts prefer proper legal opinion from local counsel.

Kumar Doab (Expert) 09 March 2017
Local laws apply.

Personal law shall decide the Legal heirs and their share.

The share shall be depending upon the nature of property is self acquired or ancestral.

If Non Agriculturist can not buy agricultural land or there is a capping on it then local counsel can help you.

The Legal heirs should have submitted the death certificate, legal heir certificate (as per personal law applicable to deceased owner) to the authority under whose jurisdiction property falls.

Latest mutation record with all link documents, should be obtained.

So consult local counsel specializing in such/ property/civil matters and well versed with local laws and prefer proper legal opinion, before you sign any agreement or pay.