Transfer of property
Adv. Mayur Nisar
(Querist) 23 January 2014
This query is : Resolved
Warm Greeting,
Facts:
Their is land consisting of 6 partners as tenants-in-common rightful owner, same is recorded in property card also, however among themselves one partner Mr 'X'died (1985) intestate leaving behind three sons & one daughter as legal heir.
Among other 5 partner two of them are the son of Mr 'X'.
Now all of the partners & legal heirs want to sale the land to third party Mr.'Y'. But the property card show the name of Mr X with other 5 partners (2 partners are son of Mr. X).
Question :
1. Whether conveyance deed can be executed between remaining partners and legal heirs as confirming parties as one part & Mr Y as a other Part?
2. Could there be any legal complication if we execute the above said deed by taking legal heirs as confirming parties without put their names on record (property card) and keep it pending for later stage where both the application for entries in property card can be applied simultaneously i.e. 1) entries for legal heir & 2) Mr.y.
Regards,
ajay sethi
(Expert) 23 January 2014
advisable too first change the names in property card bring legal heirs on record in property card then sell the property to mr Y
Rajendra K Goyal
(Expert) 23 January 2014
Legal heirs of the deceased should be brought on record first and later all can sell out the property.
