Property brought by joint family in the name of head of the family
Chandbhai Chand Shaikh
(Querist) 15 October 2010
This query is : Resolved
Dear Experts, I am planning to buy a property which has a single owner as per 7/12 clearly. This person had 04 brothers of which 03 are dead of which 02 had no heirs. The property was purchased while all brothers were together in the name of Eldest brother. Now the property is divided in two parts.One part which I am planning to buy and the other part in his nephew's name(Son of eldest brother). Now nephew had filed a case by showing the Purchase deed that the property was purchased by his father and the whole property should be given to him.
Question: Is it possible to get that property with purchase deed which was done while in joint family?
R.Ramachandran
(Expert) 15 October 2010
You say that the property is divided into two parts. When was it divided, when the eldest brother was alive or after his death? When did the eldest brother die?
Chandbhai Chand Shaikh
(Querist) 15 October 2010
Dear sir, The property was divided in Jun 2009 and eldest brother was died in 2000
R.Ramachandran
(Expert) 15 October 2010
Since the property was in the name of only the Eldest brother, his son's claim for the entire property is quite strong. It is very difficult for the brother to have any share in it. The brother who claims a share in it has to prove that it was a joint family property.
It would be better for you to avoid the proposal to buy the property which is attendent with title problem.
bhagwat patil
(Expert) 17 October 2010
where there is the problem in title of the property u can curtail the price of the property.quote the price below the market rate and get ready for litigation.go only if u get in very cheaper rate.for details u may contact.
Chandbhai Chand Shaikh
(Querist) 17 October 2010
Dear Mr Bhagwat, property price has been negotiated 30% lower ro market price. Plz provide contact details.
