Open plot purchase

This query is : Resolved 
 

Online (Querist)
05 March 2021

Dear sir
I want to purchase 150 squad yards from a vendor who is 80 years old. He has one son, 3 daughters.
He has great grand son of age 4 years, the old man got property share through oral partition from his brothers in 2019,
In 2019 he executed sale deed to one of his son in law for the above said property, now the son in law wants to sell this property to me.
In old mans family there are four male lineages, will this become ancestral property.
There is no partition deed, family settlement deed.
If I want to purchase what precautions should I take, should I add all legal heirs as executant?
Without partition deed, family settlement deed, is it worthy to buy this property? In future will i have any litigation from them. Please suggest


SHIRISH PAWAR, 7738990900Online (Expert)
06 March 2021

Hello,

Before buying plot take title certificate and search report from local advocate, in that certificate you can see the title holder of the property. On that basis you can execute the deed with seller.

Advocate Bhartesh goyalOnline (Expert)
06 March 2021

Sale deed executed by vendor has to examine.What statements regarding his ownership over land has been mentioned in sale deed.Better get examined sale deed to local lawyer and proceed further on basis of his advice.

M V GuptaOnline (Expert)
06 March 2021

In my view the oral partition of the property cannot be relied as transfer of immovable property whose value is more than Rs. 100/- has to be done by a written document duly stamped and registered. As such the son in law of the old man does not have legal valid title to the property. Hence in the eye of law the old man and his brothers continue to be title holders of the property and they only can pass good title to you.

kavksatyanarayanaOnline (Expert)
06 March 2021

No. The soninlaw has no right over the property but the old man and his brothers may sell the property to you.

K RajasekharanOnline (Expert)
06 March 2021

Oral partition for settlement of family property is valid in law. Such oral division as part of partition of family property is not treated as transfer of property.

But to prove the oral partition you should have some documents like a Memorandum of Understanding signed by all the joint owners as to the oral partition of the joint property among them. Otherwise a subsequent purchaser like you cannot have any record to show as to the legality of oral partition when a joint owner or his legal heir questions you in a court of law.

It is better not to purchase the property unless the joint owners of the property including the old man sign a Memorandum of the 2019 oral partition and hand over a copy to you for making your subsequent purchase a legal valid buying from a man having a valid title of the property.

It is optional for the parties to register or not to register such a memorandum. That is a well settled principle laid down by the Supreme Court but not known to some advocates in this forum.





Guest (Expert)
07 March 2021

K.Rajasekharan --- Ex Officer -- The Person who had already made Very Damaging Comments about Honorable Courts, Honorable Judges and Learned Advocates already. Every thing is in Record. Even in his Last Post here he had commented about our Learned Advocates who had Posted in this Thread. ( Refer his Last Sentence of Last Para of his Last Post in this Thread ). He is in the habit of Marketing his own websites in the Forum which is illegal. He is Yet to Post his Genuine Address as Requested

M V GuptaOnline (Expert)
07 March 2021

REF: Shri Rajasekharan's view. ORAL PARTITION THOUGH LEGAL NEEDS TO BE SUPPORTED BY MOU SIGNED BY ALL JOINT OWNERS. THUS THE VIEW EXPRESSED BY ME THAT MERE ORAL PARTITION CAN NOT BE RELIED ON AS TRANSFER OF PROPERTY. IS CONFIRMED. BUT I WOULD LIKE TO KNOW THE CITATION OF THE SC JUDGEMENT WHICH HOLDS THAT IT IS OPTIONAL FOR PARTIES TO REGISTER OR NOT THE MOU REFERRED ABOVE,



Guest (Expert)
07 March 2021

The Simple Fact is any Partition which Effects a Change in the Legal Relationship with the Property should have been Compulsorily Registered.within the meaning of S17 IRA. Only the mere recitals of family arrangement which do not require legal acceptance or does not have any effect on Title and can not be received as Evidence of the same.need not be registered This had been clearly stated in the Supreme Court Orders in the matters of Roshan Singh & Ors VS Zile Singh & Ors on 24 th Feb 1988.

K RajasekharanOnline (Expert)
07 March 2021

My article titled “All about family settlement” at https://www.lawyersclubindia.com/articles/family-settlement-13393.asp and

another one titled “What a family settlement is” at https://www.lawyersclubindia.com/articles/what-a-family-settlement-essentially-is-10372.asp

having some citations referring to the Supreme Court judgements may give a bird’s eye view on different aspects of family settlement including the one in oral form.



Guest (Expert)
08 March 2021

K.Rajasekharan -- Ex Officer ( as per his profile and had not stated the reason for out of his Job ) More over he had already made Very Damaging Comments about Honorable Courts , Honorable Judges and Learned Advocates already. And Here he had Commented about Our Learned Advocates /Experts here. Every thing is in Record. He is in the illegal and dirty habit of Marketing some websites made by him to the Querist. He is in the habit of Exploiting the Innocent Querist by Advertising his websites.He do not present with any definite reply and which it self confirms his Exploitation of the Querist. He is Not willing to submit his Genuine Address inspite of repeated requests. Better Beware of this fellow.



Guest (Expert)
08 March 2021

Again in More Simple Words " Any Un Registered Document related to Property Title Ownership/ Transfers would be Legally Invalid " " When a Deed Creates an Legal Right the Registration is Legal Mandatory ".



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