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Land purchase

(Querist) 18 November 2023 This query is : Resolved 
Sir
My seller is having original document year 2015. No other chain document. This land belongs to his husband and he didn't transfer his title thru any document. After his death and release from their 4 sons she got the rights over the land. Her husband got this land thru general possession (pothu swatheenam). Can I buy this property? If so what other document will I need to be legally safe.
Quick Summary
You're looking to buy land where the seller's late husband held the original title from 2015, acquired through general possession. After his passing and a release from their sons, the seller inherited rights. To proceed safely, it's crucial to examine the 2015 document for any prior ownership details and obtain an Encumbrance Certificate (EC) for the last 30 years. Consulting a senior lawyer is highly recommended to scrutinise all deeds, including the patta, and ensure the title is clear and legally sound before purchase.

kavksatyanarayana (Expert) 18 November 2023
As per the original document of the year 2015, your husband was the owner. So verify that document whether any previous document particulars are noted or not. If not, apply EC for a period of 30 years and show it to a senior lawyer in your area.
T. Kalaiselvan, Advocate (Expert) 18 November 2023
If the document of the year 2015 is a title document of the erstwhile deceased owner, then in that the origin of the title to that property would be available, if the title has been acquired by possession then there should be a patta which is revenue document conferring the title should be available.
Since this is a purchase of an immovable asset, yo may better obtain a proper legal opinion before venturing into the purchase
Sri Vijayan.A (Expert) 19 November 2023
the present title deeds are the document of 2015 and release deeds.
If the 2015 document establishes the uninterrupted long possession and enjoyment of previous owners and there is encumbrance found, you can buy the property.
For that, all the documents, deeds, patta are to be scrutinised.
Consult a lawyer


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