• Ancestral property and joint development agreement

Person 'X' owns Ancestral property which he got from his father, his father got from A's grand father. 'X' enter with Joint development agreement with a builder. After development 'X' got 55% of the share in the developed area.
'X' got 10 Plots(55%) in the developed area. And he sold 2 plots to the Person B. Now person B is selling these plots.
Can i buy this plot.

About X, X have two minor children and both are mention with age in the Sale Deed executed from Person A to Person B. Can minor creare problem in future.

Guru
Asked 2 years ago in Property Law from Bangalore, Karnataka
1) dont take any hasty decision in purchase of 3 plots 

2) contact a local lawyer . take 30 years title search 

3) based on lawyer report that title is clear and marketable and free from encumberances take decision to purchase plot 

4)for sale of property of minor court consent is necessary . 

5) 2 minor children after attaining majority can challenge sale of property By X
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. You are silent about how X got this property from his father, by testamentary or non testamentary succession.
2. If father of X has died without making any Will or other devise then his minor children has got share in the land and in such case they should have been represented in the development agreement though court permission.
3. Transfer of a property belonging to a minor without the leave of court is voidable agreement. So take advice of a local alwyer who would be better equipped to form opinion after seeing all relevant paper.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
A. Since property nature is ancestral, X's minor children have right to challenge the property transaction  within 3 years from the date attains majority.

B. If minor property wants to transfer that the Court permission is required, but some exceptional cases the Court upheld the transaction made by the natural guardian(i.e, father) in the absence of Court Permission for the legal necessity or benefit of the children. 

C. In case X inherited the property under Section 8 of the Hindu Succession Act, 1956 other than ancestral property ( even though property earned by the grandfather and the absence of 4 generations), then only minor children have no right to question the same because of this property is called individual property. In your case, minor interest unequivocally established.

D. Therefore, I hereby suggesting you to approach expert advocate to analyze the minimum 42 years land records with respect to the same.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
1. Things are not clear to me. You have mentioned in your query "Person 'X' owns Ancestral property which he got from his father, his father got from A's grand father.",

2. If the person 'X' gets the property from his father who got it from 'A' grandfather, then how come the property can be termed as ancestral property of person 'X'?

3. In the above case it is important to find out whether there is any other claimant for the said land on which the flats have been construecetd,

4. Make a thorough search of the property to ensure that there are no other claimants of the land and being satisfied about the ownership of the land, you can go for buying the flat.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1. Your query is lacking in numerous vital facts. On what basis do you claim the property to be ancestral? Who was the original owner of the property? How did X's father get the property in question from A's grand father?

2. If the property is ancestral for X's children then the permission of the court is a condition precedent to the sale of property by X. If the property is sold by X in disregard of the share of his minor children the sale deed will be voidable at the option of his minor children when they attain majority.  It has to be ascertained whether X is the only legal heir who succeeded to the ancestral property, if at all it is one.

3. The original title deed of the property alone would throw light on whether the property is ancestral or not. 

4. Engage a lawyer to carry out legal due diligence in a threadbare manner. Property purchased without due diligence is an open invitation to a long drawn litigation.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1) from the facts stated by you it appears to be ancestral property of X 

2) once partition deed has been executed and it is duly stamped and registered X would be absolute owner of his share 

3) X would be free to enter into development agreement for sale of his share of property
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. If the original purchaser of the property is the grand father of X then the property would have attained ancestral character for the children of X if it was not divided. For a property to be called ancestral property it should travel upwards from the fourth generation without any partition.

2. Since the property has been divided among the siblings of X's father subsequent to the demise of X's father the property is no longer ancestral in nature, subject to the validity of the partition itself.

3. If the partition is valid then X is free to execute Joint Development Agreement in respect of his own share therein.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. The matter has now been cleared,

2. It appears that the father of X was the owner of his share of the property which he got out of the registered partition deed,

3. So, he was legally right in entering in to a development agreement,

4. The said plot can be purchased after thorogh verification from registration office & court.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0

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