Purchase of open plot
KISHORE
(Querist) 27 January 2015
This query is : Resolved
Dear Sir, I would like to purchase a open plot whose owner is died on 18-11-1998. The deceased plot owner is survived by his mother, wife, two married daughters and one married son and the deceased plot owner’s father is expired. On 16-06-2012, the said plot was registered by way of Gift Settlement Deed in favour of said deceased plot owner’s two married daughters by his wife and one married son by producing the death certificate of the deceased plot owner (plot owner’s mother is not involved in the registration and as I already said father is expired). The deceased plot owner’s mother is living separately and is not having good relations with the deceased plot owner’s other family members i.e. his wife, daughters and son. Since the deceased plot owner’s mother is living separately and not having good relations, even her whereabouts are also not known to anybody i.e. where she is living, whether she is dead or live etc.
When I approached a Lawyer, he advised me as follows:
“It is true that “mother” is a class I heir to a deceased Hindu. But she should have exercised her right before the transferees perfected their title to this property by possessing it adversely for more than 12
years (1998-2012). In the absence of such an act, by the mother, the
transferees in gift deed have perfected their title to this property by
adverse possession.”
1) Can I follow the above advise.
2) Can I purchase the said plot.
3) Or is there any way to purchase the above plot (Because the said plot is having a vastu problem. That’s why, the owners are selling the plot far below than the market rate. But, I am owning a plot adjacent to this plot If I combine both the plots as per vastu it is perfect. That’s why, I am interested to purchase the said plot)
4) Are there any legal problems in future from the deceased plot owner’s mother or from any other angle? Please advise.
malipeddi jaggarao
(Expert) 28 January 2015
What is the proof that the remaining legal heirs perfected their title by adverse possession?
If the mother wants to claim her share, irrespective of the advice of your advocate, you may face legal problem. You have to analyse whether practically this problem will emerge or not, as whereabouts of her are not known. You have to take chance if you wish to buy the property.
KISHORE
(Querist) 28 January 2015
Thax sir. Is there any time bound for mother to claim her share. Or is there any way as per law to purchase the said plot.
Dr J C Vashista
(Expert) 28 January 2015
What do you mean by "Gift Settlement Deed"? These are two different connotations having different legal implications and different in execution vis-a-vis opinion and advise.
Show the document to a local lawyer and seek his opinion.
KISHORE
(Querist) 28 January 2015
Any advise please.
T. Kalaiselvan, Advocate
(Expert) 29 January 2015
There is no question of perfecting the title of the intestate properties by adverse possession by the occupant/possessors. This will be denial of natural justice to the legitimate share holders. Under partition law, there is no limitation. The mother of the deceased person, if is alive anywhere can claim her legitimate share in the property anytime and upon her death her other legal heirs can file a sit for partition at any later stage too. Therefore to avoid legal complication in the future, better to obtain signature from the mother too or avid buying the property owing to the heavy investment for the purpose of future savings.
KISHORE
(Querist) 29 January 2015
My Heartful thanks for your valuable advise and I really appreciate the services rendered by the experts.
