I am going to purchase an inherited land inherited by three bothers after their father's death. They have divided the land among themselves but no written document for division has been done. Now one son of the three brothers is selling the land through registered power of attorney given to a broker.Now how to get the documents done by me so to avoid any litigation in future.
1)brothers should enter into deed of family settlement or deed of partition for division of land by metes and bounds
2) in the alternative memorandum of family arrangement should have been entered into recording the settlement
3) don't purchase the land without clear documentation
4) contact a local lawyer
1. you should insist him to prepare a family settlement deed and separate their shares.
2. it is not necessary that such deed mus be registered.
3. thereafter you should purchase this land.
4. must read the power of attorney to satisfy himself that attorney holder has right to execute sale deed.
1. Sale Through POA is not valid unless the POA holder is a near relative or he is responsible to develop the land.
2.Now the oral partition is though valid but complications may arise if one of them alter raised dispute as regards the division of land.
3. So either ask the 3 brothers to make a registered partition deed or make them confirming party to your sale deed.
4.it is nit safe ti buy a land which is orally divided among the co sharers.
If other two brothers and father of the person selling the property agrees to became witness in sale deed will it protect me from future litigations after purchase Can a son give power of attorney for his father's property
1) merely because 2 brothers acted as witnesses is not sufficent to protect your interests
2) son cannot execute POA for his fathers property
This is risky. Don't go for any property transferred through power of attorney. It is not complete transfer of property as PoA can be changed any time later on.
Don't buy the property that is not registered in the name of the seller.
1. The jointly inherited land has not yet been partitioned, divided and demarcated by metes and bounds by registering a partition deed ot through court order.
2. First of all all the said three brothers should register a partition deed duly dividing and demarcating the entire land in to three separate portions by metes and bounds earmarking each portion of the partitioned land in the name of each brother.
3. If you buy a legally identified portion of land then you may face legal problem later on since other brothers or their legal heirs may claim that particular portion of the land as their share.
4. First of all you should collect/inspect original mother deeds to ensure that none of the deeds have been mortgaged with any Bank for taking loan.
5. After that registry search of the said document is to be made.
6. Legal heir certificate of the deceased owner is to be collected.
7. Copy of registered partition deed is to be collected which will identify which portion of the land belongs to the brother from whom you are buying the land.
8. If the said brother is alive, his son can not sell his father's property.
9. After making due diligence of the said piece of land, you can buy the same.
10. The best way to get such property checked is to take Bank loan for buying the said land and in that case, Bank lawyer will make all necessary searches before providing loan to you for buying the said land.
1. First of all the piece of land you are buying should be legally identified as the land of one of those three brothers from whom you are buying the said land.
2. For the above purpose, the brothers shall have to partition the property and register a partition deed after dividing and demarcating the land in three portions by metes and bounds.
You must verify that if there are any other legal heirs to their deceased father.
The daughters are also entitled to a share in their father's property as a right.
Only one person out of three cannot give power of attorney deed in respect of the property to any broker to sell the property.
The others also have to give their consent towards this GPA deed.
First consult a local lawyer and take his opinion on this before venturing into purchase.
If other two brothers and father of the person selling the property agrees to became witness in sale deed will it protect me from future litigations after purchase
It id wrong and incorrect procedure. In fact all those who are entitled to a share in the property have to jointly execute a registered sale deed or else at a later stage there may arise a litigation and you will land into trouble.
Can a son give power of attorney for his father's property
A person having marketable title can transact with the property in the manner he thinks fit and proper.