Buying a gramanatham land -


hi
i want to buy a 2grounds of  gramanatham land n outskirts of salem.
the sellers claims it is is ancentral property and he got it through family unregistered settlmeent  and oral partition.but there are other legal heirs to it from my verification.
the sellers seems to be in possess for the last 20 yrs and has records mutated to his name.
how safe is it to buy such land. can there be any chances of claims by other legal heirs in future.
are gramanatham land eligible for partition  by metes and bounds and can other legal heirs claim share of it?

 

 
Reply   
 
FIN

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

 
Reply   
 


FIN

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

 
Reply   
 
FIN

Which personal law applies in case of seller(s)?

Are they (original owner, legal heirs) all Hindu and/or converts?

Is the said property self earned/acquired or ancestral?

 

The said property is agricultural land, rural, Urban, or it is a building?

The said land might be agricultural land and if yes, are you eligible to buy such land in said state, as per LOCAL state laws/rules?

Have the deceased owner left any valid WILL?

Is the WILL duly acted upon without any cloud on IT or probated?

Or the legal heirs have submitted their claim duly supported with correct/genuine death certificates/legal heir certificates and update mutations records properly?

 The MoU for oral partition is available?

The registered Family partition deed is after oral partition?

Have all parties to MoU given consent in registered Family partition deed?

Who are other legal heirs?

Have they any claim or charge pending?

After 20Y how the sellers have mutated the land in their name; say; adverse possession allowed and perfected by court decree or said registered Family partition deed?

 Do you have mutations records with all link docs in the entire chain?

Confirm!

 
Reply   
 
FIN

 

 

Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs ie.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

 

It is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

It is not mandatory to probate the WILL in the area of Delhi. It is not mandatory to register the WILL.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

 

 
Reply   
 
FIN

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

 

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

 

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered  family settlement after the WILL and register it.
 

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

 

For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..

 

 If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it is wrong IF the WILL exists.

Check locally for due compliance with procedure.

 
Reply   
 
FIN

 

IT shall be certainly better to obtain proper legal opinion in writing from a very able senior LOCAL counsel as already suggested above..

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
CrPC Course!     |    x