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KUMARESAN A Man of positive thoughts (CGE)     13 November 2014

Sale of ancestrol property

(1)  'A’, who has got 3 sons and 2 daughters, got a share of property ‘X’ (ancestral property) along with other property by partition among his brothers in the year 1968.  ‘A’ made a family settlement of the property ‘X’ to one (‘B’) of his sons in the year 2004.  Out of love and affection the property ‘X’ was settled in favour of his wife ‘C’ in the year 2009.  ‘B’ and ‘C’ divorced in the year 2011 and ‘C’ got married to another person.  Now ‘C’ is ready to give back the property ‘X’ to ‘B’ or sell the property to any person pointed out by ‘B’ and in return she wants some share of money mutually agreed by both. 

 

Now a person ‘Z’ is ready to purchase the property ‘X’.  Since, the property ‘X’ is an ancestral property, whether a consent document is required to be registered by the brothers and sisters of ‘B’ in favour of ‘C’ so as to enable the registration made in favour of ‘B’ and ‘C’ to become valid so as to make the purchaser ‘Z’ to have no problem in future.  Kindly clarify.

 

 

 

(2)  The property was classified as Residential Class I Type – III of a Village Panchayat and has more guideline value.  But the neighbouring land is classified as Dry Maanavari Lands Type – III and has less guideline value. In order to reduce the burden of registration charges, whether the purchaser ‘Z’ can seek the land to be classified as Dry Maanavari Lands Type – III at the time of registration of document.  If so what is the procedure.  Kindly enlighten me.



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 2 Replies

Advocate Ravinder (Advocate/Attorney)     14 November 2014

You have not mentioned whether the family settlement is registered or not.  Assuming it is registered, once the family settlement has been done, there is nothing to be worried.  The shares of B and C are demarcated and allotted.  It is enough that if both B and C can execute registered sale deed in favour of Z.  Z will get good title.  If the Z has any doubt let him make paper publication (public notice) calling for objections, if any from the interested parties. 

 

Relating to nature of property you said that it is classified as Residential.  It is suitable for laying residential plots.  If you want to use the land for any factory or godown you have to obtain permission to convert the land use as Commercial one.  Leave about neighbouring lands. For further clarifications call me 7893011777 or ravinder2345@gmail.com.

T. Kalaiselvan, Advocate (Advocate)     16 November 2014

Actually speaking , A's children will be entitled to a share out of A's share in the ancestral property 'X", however, since A has settled the the property X in favor of one of his sons 'B" which was in the knowledge of all other children and since no body objected to the settlement made in the year 2004, which was subsequently transferred by B to his wife C in the year 2009, now literally speaking C is the absolute owner of the property, because she acquired it before she was divorced and before getting remarried.  If she magnanimously agrees to return the property, better take it back on the agreeable terms and sell it off the Z as per proposal if the other siblings of B do not have any objection to it.  As a safety measure, they may be made as a witness to the transaction in the registered document.
For your second question, you may enquire from the local panchayat office or revenue authorities.


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