Ayush bansal 21 June 2015

Legal implication in buying property undergone dispute

Iam planning to buy property. The property is owned by mother having 4 sons. The eldest son had earlier filed partition suit in delhi high court and subsequently delhi high court instructed plantiff (eldest son) and defendants (mother and 3 sons) to do the settlement in mediation centre under the guidance of local commisioner and its file to be submitted in delhi high court. As per settlement agreement property is divided into 5 parts(1 mother n 4 sons) and out of 5parts we plan to purchase 2 parts and those 2 parts belong to 2 sons. I request to please advise on following: 1. Who will do Sale deed for these 2 parts. Mother or sons? 2. If mother does sale deed then whether any document required from sons? 3. Will it be better if mother first do registry of respective parts in fovour of sons and then from sons we get these part registered in our favor? 4. Does any NOC required from other 2 sons?

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Kumar Doab (FIN) 21 June 2015

Apparently the court asked for family settlement during the partition suit and property is partitioned.

After partition the status of the property might have changed to self acquired and hopefully it is properly demarcated by court and mutated. You can obtain the certified copies of records from local revenue office. The respective owner can sell the property. If aothers are willing to sign as consenting witness then that may be added.

You may show all documents on record to an able lawyer dealing in property/revenue/family/civil matters and proceed further after understanding the options from your lawyer.