Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

anupa (student)     24 July 2013

How to know if its ok to buy?

my friend mr A is interested in buying a agriculutural land of 1000 sq mt.the land was first in the name of one landlord mr X the land was in possesion of Mr. B and Mr C respectively they were both in the tenant names as husband and wife.but over a period of time father died and after his death the widow wife purchased it from the landlord on her name.she have 5 childrens 4 daughters and one son.the problem is that the son have illegally built a contruction in the agricultural land an is enjoying the possesion.now mother along with sisters want to sell the field as they are being cheated by the son.My client was interested in buying this field.Is it possible to buy from the mother and then ask the son to vacate the property,if so how?does the mother requires signature of the son and daughters ,does he enjoy any right of the property and if asked for partition for shares where does the son gets the share is it where he wants or is where mother gives please help?



Learning

 1 Replies

Advocate Rohit (Advocate)     24 July 2013

if the mother has purchased the property from her own income then she can decide what she wants to do with the plot of land. there won't be compulsion on her to give it to her children only. she could sell it or donate it.

 

Whereas, if the money was given by her husband or by selling ancestral property, then she cannot enjoy the property alone. her childrens would also have the right in it. it is advicable not to enter into such property a the son might not vacate the premises and your client might be forced to approach the court for the relief.

 

further, if the son had made forged document and got the property mortgaged or any third party rights have been created then your client would might face the problem.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register