Limitation of act and sale of property with having will
hdshardik
(Querist) 03 June 2014
This query is : Resolved
my grandfather had not leave any will till his live . he had past for 10 years .they have three sons . my grandmother is staying with my father and with our family .
AS WE want to sell the immovable property which is on the name of the grandfather and he was only the co -owner of immovable property . Other co-owner of the same property was the mother of my grandfather .
will you guide me while selling this property what points are required to follow from legal point of you and documentation part ?
if the sale transaction of the property is completed of 3 years after giving the publice notice in the leading two newspaper , can any of us relative take the objection or claim on the title of the property ?
how the limitation act is see this situation ?
ROHIT SHARMA
(Expert) 03 June 2014
Dear Mr. H. D. Shardik,
1. The mother of your grandfather also must have died. Your grandfather was a co-owner of such property in which his mother too had an equal share.
2. The legal heirs of your grandfather's mother would naturally been your grandfather kins if his mother had other sons or daughters.
3. After the death of your grandfather's mother no other legal heir of such mother of your grandfather has since then claimed any rights in the share of your grandfather's mother.
4. This is where the limitation act can preempt any interested party to lay claim on such ancestral property that which you now intend to dispose it off in the manner as stated by you which is well thought out process to dispose such property.
Rajendra K Goyal
(Expert) 04 June 2014
The property was in the name of your Grand father and his mother. It is supposed that it was self acquired property and both have expired intestate.
The property would be shared by all the legal heirs of both your GF and his mother. Without the consent of all legal heirs inheriting the property it would be irregular to dispose off the property. consult a local lawyer and show him all the documents.
ajay sethi
(Expert) 04 June 2014
agree with Mr goyal
hdshardik
(Querist) 05 June 2014
if all legal heirs inheriting property consent has taken at a sale of the property after giving proper public notice in newspaper but suppose in future any one left from the legal heirs and came in knowledge of purchaser of the property ,
then this situation will protect the interest of the purchaser on the basis of the publice notice since no claim arise in due period after published notice in newspapaer ?
pl give your opinion on it , how we as a saler as well as buyer will be strong in his position ?
hdshardik
(Querist) 07 June 2014
o vvvvvvvvvvvvvvv
M V Gupta
(Expert) 12 September 2014
Being the seller, u must be aware of all the legal heirs of ur G father. You cannot say that u do not know who are all the legal heirs. As such ur present query is un called for. U must know under the Transfer of Property Act the seller is under legal obligation to reveal to the buyer all material facts about his title to the property and failure to do so will lead to his personal liability to the buyer for damages and sale price received under the sale deed.
