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Legal hires

(Querist) 09 February 2012 This query is : Resolved 
I am planning to buy a land/plot in Chennai, Tamilnadu. But, the owner of that plot and his wife are died long back(1st generation). He had 3 sons and 3 daughters (2nd generation). He also had grand daughters and grand sons who are all majors and are married as well(3rd generation). Some of these grand sons and grand daughters has kids who are minors and about to be born (4th generation).

He had written a will which mentions his 3 sons and 3 daughters name for all of his other property but not the one I am planning to buy.

Further, recently one of his son (2nd generation) is died.

Now I need your suggestion to understand who all I must get signed in the sale deed document so that I can safely buy this property without any legal issues.

If you could mention the section or any reference to the Law then that would be added help.

Thank you!
R.Ramachandran (Expert) 09 February 2012
1. Presently, the property is in whose name?
2. When you say the first generation died, when did they die?
3. Whether the property was self-acquired by the first generation, or they got it from their parents etc.
4. If it was self-acquired, when was the property bought by the first generation?
V R SHROFF (Expert) 09 February 2012
Consult local Advocate, Invite Objections publishing details of property, and your intention to purchase it, & then deal with all who claim their right. .If you get possession, and sale deed from few of them, on whose name the property is, it works. Litigation remains, but you can enjoy possession O other rights.
Advocate. Arunagiri (Expert) 09 February 2012
Mr.Selvaraj,

You have stated
"He had written a will which mentions his 3 sons and 3 daughters name for all of his other property but not the one I am planning to buy."

Do you mean to say that the WILL does not mention about the property which you are planning to buy.

Do you mean to say that the property was not partitioned for four generations?
Devajyoti Barman (Expert) 09 February 2012
All the legal heirs now surviving needs to be added as party to the deed of conveyance.
Raj Kumar Makkad (Expert) 09 February 2012
If the property was self acquired of deceased owner and he had left a will in favour of his sons and daughters then all those have to sign the sale deed. As you told that one of those beneficiaries has also died then his legal heirs shall sign the sale deed.
M/s. Y-not legal services (Expert) 09 February 2012
just consult your local advocate along with relevant documents., and get a legal opinion..

i hope all properties are joint family property., the subject property should be purchased after the death of "husband and wife"[1st g]. otherwise they may include this property also in their will.. if its purchased by the joint family income mean you have to complete some formalities before buy it.,

you have to see the concern document about the subject property.

-tom-
Deepak Nair (Expert) 09 February 2012
A number of issues is required to be answered by you to get a satisfactory answer.

Please note that you can get a satisfactory answer only by discussing across the table along with all the necessary papers.

It is therefore suggested to consult a local lawyer who is experienced in handling property matters.
Selvaraj (Querist) 09 February 2012
Thanks a lot for all your inputs.
Please find more clarification on my original questions as below,

1. Presently, the property is in whose name?
The property is still in the name of 1st generation owner.

2. When you say the first generation died, when did they die?
He was died during late 1980s.

3. Whether the property was self-acquired by the first generation, or they got it from their parents etc.
The parents did not write this property to any one. It is self-acquired.

4. If it was self-acquired, when was the property bought by the first generation?
The property was bought during 1960s.

Mr.Arunagiri,
Yes, you are correct that the property is still not partitioned.
The WILL by the 1st generation does not mention about the property which I am planning to buy.

From the seller side, all the 2nd generation who are alive and the sons, daughters and wife of the deceased 2nd generation Son are proposing to appear for signing the sale deed. This is the part that I am not sure. I am not sure on who all are the legal hire.
(2) Shall I use those mentioned in the WILL as the legal heirs of 1st gen, even though this property is not mentioned in that WILL ?

I will also take up your suggestion of discussing with a local lawyer.
Raj Kumar Makkad (Expert) 09 February 2012
In the light of later part of your query, I still stand on my already given advice.


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