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Raghu   25 April 2018

Need advice

Hello Sir, I would need some help/advice on a property that was purchased by my father. My father purchased an agricultural land (0.2 acres) in 1993 from a person X. Person X and his son Y signed the proper sale agreement. Now, son of Y claims that his mother (wife of Y) did not sign the agreement and he wants to send a notice now in 2018. Will this be even valid? Please provide your thoughts. Background: X has 3 sons and Y sold his share to my father.


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 3 Replies

Kumar Doab (FIN)     25 April 2018

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Kumar Doab (FIN)     25 April 2018

Which personal law applies in case of sellers and parties that signed sale agreement?

Or are they all Hindu?

The said property is agricultural land as per your post.

Was your father eligible to buy agricultural land as per local state laws?

Was any sale deed also registered? If yes, who signed the sale deed X or Y or both?

The property is in which state?

The property was self earned/acquired or ancestral in the hands of signatories on sale agreement i.e. X, Y?

The property was 1st owned by whom; Father X as in sale agreement or his ancestors or Father and his son jointly i.e. X, Y?

What is the stand of Y in this matter?

Did you obtain proper legal opinion prior to signing agreement to sell and while signing sale deed? If yes do you have copies?

Have you consulted a very able counsel as suggested above with all case related docs? If yes what is the opinion of your counsel that has examined all docs and inputs?

Confirm!

Raghu   26 April 2018

Which personal law applies in case of sellers and parties that signed sale agreement? Or are they all Hindu?

Yes - seller and Buyer are Hindus

The said property is agricultural land as per your post. Was your father eligible to buy agricultural land as per local state laws? - Yes, he was eligible to buy agricultural land.(AP state)

Was any sale deed also registered? If yes, who signed the sale deed X or Y or both?  - Yes a sale deed was registered and both X and Y signed

The property is in which state? - Andhra pradesh

The property was self earned/acquired or ancestral in the hands of signatories on sale agreement i.e. X, Y? The property was 1st owned by whom; Father X as in sale agreement or his ancestors or Father and his son jointly i.e. X, Y? (Not sure if ancestral or acquired by X. But X had 3 sons and the share my dad got was from Y. Y did not get his share registered on his name, so X signed the agreement and Y signed as witness.)

What is the stand of Y in this matter? - He still agrees that he sold the property. (X and his wife are no more)

Did you obtain proper legal opinion prior to signing agreement to sell and while signing sale deed? If yes do you have copies? Have you consulted a very able counsel as suggested above with all case related docs? If yes what is the opinion of your counsel that has examined all docs and inputs? Confirm! - We have the sale documents with both X and Y signatures. No other consultaion was taken.

Read more at: https://www.lawyersclubindia.com/forum/Need-advice-176880.asp#reply


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