Dattatreya (Proprietor) 21 January 2018

Purchase of self occupied property

I am purchasing a property from a 78 year old retired self employed engineer. He claims it is self earned property. He has four daughter's and a son. His son is not living with him. All four daughter's are Consenting for sale and shall come for registration. But his son is silent and not willing to come for registration. I have given paper ad in Local language and in English My query is 1 Should I make all four daughter's as party or make them as consenting witness. 2. Should I leave all daughter's in making party or consenting party as it might give room for sons right. ( As this is self occupied property) 3. What precaution I should take to prove this as self self earned property.

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9 Replies

Adv. Deepak (Advocate) 21 January 2018

Self earned property can be disposed of in any manner by the owner. You need not make daughters party to the deed.

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R.Ramachandran (Advocate) 22 January 2018

The document in the hand of the seller will show how he acquired the poperty. From that it can be determined it is self acquired or not.

In any case, why don';t you consult a lawyer in your area by showing the photocopy of the document available with the seller?

Dattatreya (Proprietor) 22 January 2018

Thanks you sir The document is silent about the source of fund for purchase of property. I have consulted local lawyer they are saying for safer side take consent of son and daughters. If I go ahead without making any of them as party or consenting witness does any one had on option for moving to court of law.

R.Ramachandran (Advocate) 22 January 2018

Dear Dattatreya,

When I said "The document in the hand of the seller will show how he acquired the poperty", all I meant was that whether he acquired the property from third parties; or he got it through partition; or got it under any Settlement etc.

From your reply it appears that the present owner has purchased the property from some third party. In that case, it can be safely assumed that it is his private self-acquired property. Therefore, there is no need for the consent/signature of any of his children. In the sale deed, better insert appropriate Indemnity clause so that in case of any problem in future, the seller should indemnify you.