Query on Property got through settlement
JAYAKUMAR
(Querist) 15 May 2010
This query is : Resolved
We are planning to buy a property from a owner who got this property (with all rights pertaining to property) through a settlement from her father who self-acquired this property using his own money.
In the settlement deed, her father didn't mention/include about his other sons/daughters. Is that legal?
And the owner from whom we are buying as one son(major) and one daughter(minor), do we need to concern about them while buying the property from owner. In other words does the owner has full rights to settle her property without her son's and daughter's intervention.
Please comment, your suggestions are quite valuable to me. Thanks
Raj Kumar Makkad
(Expert) 15 May 2010
The property was self acquired of the owner so he was competent to settle the same with his elder son without mentioning the names of his minor daughter or any other son/daughter and thus seller of your property has full rights to sale and there is no legal lacunae therein for which you are raising this query.
JAYAKUMAR
(Querist) 15 May 2010
Ok thanks for instant respone..
Would like to give some more clarity on my question..
We are buying the property from a muslim women(herein called Vendor) who got this property(with all rights) through a settlement from her father who self-acquired this property.
Vendor has 1 sister and 2 brothers who were not included in the settlement, which she got from her father (CONCERN #1).
And Vendor has 1 son(major) and 1 daughter(minor) (daugher being minor is my next CONCERN #2)
Given this, will you still say that I don't have to worry about these two concerns and proceed with buying the property. Thanks
Raj Kumar Makkad
(Expert) 15 May 2010
I have already replied against your fresh query raised on the basis of fresh facts.
Uma parameswaran
(Expert) 16 May 2010
Read the settlement deed carefully.Sometimes grand children rights also mentioned in the deed.As per your query the nature of the property is self acquired.The mother have full rights over the property to alienate ,if there is nothing mentioned about the rights of the children in the deed.
