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bharat babu (NA)     11 August 2019

Need advice on land sale

Dear All,

We have agreed to bought agreeculture land from one retured person and we explain some background as below,

- In the year 2015 we come to mutual agreement to but 2 acre of aggreculture land from one army retired person...They are 4 brothers and they also not documented their part from their father...basically the property was joint property..We paid all money to the seller and we prepared an aggrement in court paper...

- Uncle has two son and both are in army..Both of them are not taking care to uncle and even they have not yet visited to see retired father since last 5 years..One daughter stay nearby but not in a good relation..Due to lonely nature, uncle (age 75 years +) got married to his house maid (30 years old) in temple...not registered in court..

- For selling matter uncle's nephew is not agreeing to seel this property to us... Now his daughter is alo not agreeing that her father should gave this property to us..Court has sent letter to all successor's to sign in the selling matter, then only uncle can send the property..Now some of them are not aggrying on this matter..At this moment we are in possesion fo the property..

 

Can you please advice on below points??

- What will be the correcy way to proceed on the purchase of this property matter? Can we make it in GIFT DEAD or what should be the best way to get the property from uncle?

- During uncle time, suppose we will not able to settle the changing ownership, then what will be the way to get from his successors?



Learning

 4 Replies

Isaac   11 August 2019

mere possession alone cannot have full right.In this case the property seems top be hereditary and the legal heirs have right over it..Consult property lawuer and proceed.

1 Like

bharat babu (NA)     11 August 2019

Dear Issac,

Thank you for your valuable input, appreciated... this same message was also provided by our lawyers...We have already paid the entire money to the land seller, so thinking if there is any way/chance to get in our name...

 

Shashi Dhara   11 August 2019

Issue legal notice File suit for partition in civil court.then take possession. As it is joint family property u have right to partition as buyer from that coparcener.who selled it to u.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     29 October 2019

1. Take registered POA from Uncle /others and THEN do all the residual legal procedures that is required under law.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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