Hi, since it is an ancestral property all the legal heirs are required to execute sale deed in favour of you then only valid or other wise it will create a problem.
Buying land property
I belong to village and little idea about complicated land laws. since in my village land owner & broker always try to do fraud with land, I would thank a lot for advising in little easy case.
I am planning to buy agriculture land whose ownership history is as:
registered owner(died)
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___________|_________________
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son1 son2 son3 son4 son5 --> land is not officially divided among them.
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__ |_____________
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son11 son12 son13
son1->son11, son12, son13 ---> AGREED selling his own their part only
son2, son3, son4, son5 ----> Right now I have not contacted them.
son1 is selling me land(ther part only) with all his three son(son11, son12, son13) agreed.
I would like to know will it create any problem in future to buy this land. Can the others(son2,son3,son3 son4,son5) cause problem in future.
Should I get signed by all (son1, son2, son3, son4, son5) while buying land. is their consent required?
Thanks in advance.Asked 9 years ago in Property Law
8 Answers
1)the interest of a co-owner or co-sharer can be sold, mortgaged, leased to another co-sharer or to a stranger. The fact that the partition has not taken place by metes and bounds , does not stand in the way of the interest of a co-owner.
2)you can after purchase of undivided share file suit for partition against the other co owners of land
1. The said land has not been partitioned and the share of A has not been devided and demarcated,
2. If you buy A's share of the land how will it be demarcated?
3. Ask A to get the property partitioned, devided and demarcated first after which you can buy his partitioned portion of the land,
4. Make sure that you are legally qualified to buy agricultural land in your state since there are restrictions in certain states in buying agricultural land by non-agricultirists.
Note: My only concern is that my invested money should not get wasted and I did not lose land in future. I am finding these two contradicting. Could you please clarify . @Pradeep Bharathipura and Hi, since it is an ancestral property all the legal heirs are required to execute sale deed in favour of you then only valid or other wise it will create a problem. @Ajay Sethi )the interest of a co-owner or co-sharer can be sold, mortgaged, leased to another co-sharer or to a stranger. The fact that the partition has not taken place by metes and bounds , does not stand in the way of the interest of a co-owner. @Krishna Kishore Ganguly The divide among them is based on multual consent not through registration. Consent demarcation is equal partition of land among them.and I am ready to take any demarcation given to me. Since the partition will require another huge money to govt not affordable to them.So it is still not partitioned through actual procedure. Due to money issue it won't be possible for them to get partitoned. I have no issue in getting any partition. All I just want is Land acquired should not get disputed and I did not loose land in future
Asked 9 years ago
1. After the demise of son 1 his share in the land devolved equally on son11, son12 and son13.
2. The property has, according to you, not been divided till date. Despite the fact that the division has not taken place yet the share of son1 can be sold by his legal heirs to any one if there is a consensus among them.
3. The fact that partition has not taken place does not prevent the legal heirs of son 1 from selling his undivided share in the land.
4. However, the inherent problem in buying undivided property arises at the time of possession. Since the land is undivided there may be a disagreement among other legal heirs of the original owner with respect to the portion of land which you will possess, in consequence wherefof you may not able to possess any portion. To obviate this impediment you should either ask the legal heirs of son1 to get the property divided, or yourself file for partition after purchasing the land.
1. The land is not ancestral in nature.
2. The legal heirs of son1 can sell his share in the land if there is a consensus among them.
3. As advised earlier, ask son 11 to get the property partitioned, or you apply for partition after the sale/
1) it is not ancestral land . it is your case owner of land died and is survived by 5 sons and no division of land has taken place .
2) Section 44 of transfer of property act says -
Transfer By One Co-Owner- Where one of two or more co-owners of immovable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires, as to such share or interest, so far as is necessary to give effect to the transfer, the transferors right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or interest so transferred.
Where the transferee of a share of a dwelling house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house.
3) you can purchase the land and file suit for partition of land . in the alternative request 5 sons to enter into deed of family settlement or partition
In your case the property is not divided in between legal heirs. Here altogether 5 heirs. So each of them have 1/5 shares equally.
son1->son11, son12, son13 ---> AGREED, it means that they can only sell their undivided share in that property. The Partition of the property is necessary for future use. So you would file a partition suit against other legal heirs for getting your portion after the purchase of land. If you buy the share of Son 1 ,there is no need of signature of the other sons 2,3,4,5 respectively and no requirement for their consent .
1. See from the practical angle. You will buy the land for possession and/or cultivation,
2. If the land is not dematcated, which part of it will you take possession of and/or cultivate?
3. Since, partition is avoided to be economical, it is suggested to get the signature of all the other brothers as consenting parties duly mentioning the schedule of the property with metes and bounds.