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naveen   20 October 2015

Legal heirs identification

 

I am looking to buy an agricultural property. This property was given by govt to shankar by tribunal under karnataka land reforms act 1961. I have been provided with the  copy of document of "registering as an occupant under section 45". Shankar has a son naveen(who is 55 years old) and 2 daughters (one is 65 years old and the other oneis 45 years old ). Shankar has registered gift deed which transfers property to Naveen.

Also shankar's religion is Hindu.

Now i am planning to buy the property from Naveen. So do i need the sign of all the childrens of Shankar or just Naveen's is enough to buy the property.

Note: The location of property is in bangalore.

 

 



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 8 Replies

Laxmi Kant Joshi (Advocate )     20 October 2015

if naveen had transfered the property in his name on the revenue records then he can sell the property being the sole owner of that property, you need not have to take sign from others .

Rajesh Kumar (I.T.)     20 October 2015

if you don't want a legal heirs claim some years in the future, get every child of the current owner to sign the sale deed. It may be more hassle but you will be safe.

naveen   20 October 2015

so sir you mean to say that even daughters have share in the land? and i might face issue if i do not take there consent right?

Also isn't land alloted by tribunal same as self acquired property? or all members of family have claim over it?

Kumar Doab (FIN)     20 October 2015

Mr. Rajesh Kumar has given a practical advise.If possible signature of all legal heirs as consenting witness may be obtained on sale deed before Sub-Registrar.

For land allotted by tribunal show all docs related to award to an able lawyer well versed with local laws,such matters,family/revenue/property/civil matters.......................and confirm if such land can be given away by gift or not. If not then your counsel may opine to  stay away from the deal.

 

 

 

naveen   20 October 2015

Yes the current owner childrens will sign the sale deed. Well as i said earlier current owner got it from his father via gift deed and the father got land via tribunal (in karnataka). Current owner has 2 sisters. Does sisters have share in land legally? This is my main question. Can i neglect them?

 

Rajesh Kumar (I.T.)     20 October 2015

Get all legal heirs to sign, including daughters. 

I have personally had an issue with a legal heir, a daughter of one of the sellers who did not sign the sale deed later put a case against me for claim to the land.

This case is ongoing.

So be safe, smart and get everyone to sign.

naveen   20 October 2015

Thanks a ton to Rajesh sir. I really appreciate your help.

Kumar Doab (FIN)     20 October 2015

The first and foremost question is that if land awarded by tribunal can be given away by gift or not or sold by anyobe that acquires it, by any means? If the enswer to this question is NO,then stay away from the deal.The local alwyer can opine on it after examining all docs on record.

 

The secon is if the land shall have the staus of  self acquired in the hands of awardee?

if it is self acquired then owner should be in aposition to give it away by a valid and registered and irrevocable gift deed.You may show the gift deed also to your counsel.

 

If the land acquires the status of self acquired and can be given away by gift and sold and gift deed is valid then siblings and legal heirs of Shankar and Naveen should have no claim.

 

If the conditions attached with award prohibit to sell/gift then it can't be gifted/sold.

Show all docs on record to an able counsel.

 

 

 

 

 

 

 

 


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