• Legal opinion

Hi,this is Dinesh,I am planning to buy an property from an village ,it's an ancestor property, grandfather is not there ,father made conversion in 1990 made layout and sold some of the sites,in 1999 he made partition deed and gave some sites to his sons and daughters,the partition deed is not registered,now one of his son is selling the sites ,he has paid taxes till date and made E- khata in his name .as I said willing to buy the property above said ,is there any legal dispute will arise in future,
Asked 7 years ago in Property Law
Religion: Hindu

8 answers received in 1 day.

Lawyers are available now to answer your questions.

10 Answers

1) deed of partition has to be duly stamped and registered to be admissible in evidence

2)if it is un registered seller does not have clear and marketable title to property

3)dont purchase the property

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

dont purchase the property as title is not clear and marketable

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

Hello,

In my advise do not purchase the property if the deed of partition is not registered and stamped, such deed of partition is nullity in the eyes of law.

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

As long as this fellow is selling his exclusive share to you and the same doesn't belongs to any other legal heirs, there is no impediment and you can go ahead and buy this property.

Get done a legal due diligence of this property, before you formally buy it.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

In my advise again I would say do not purchase the property as the title is not clear, you might end up being in some legal dispute in future.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

Dear Client,

Entry in the Jamabandi or E - Khata is not a proof of title except payment of revenue, even he cannot sell the property without valid title deed, how those sites transferred in his name, as partition deed is also not registered, so aforesaid sale can be questioned any time by the father in his life time or later by other siblings.

Get the partition deed registered first.

Yogendra Singh Rajawat
Advocate, Jaipur
22984 Answers
31 Consultations

Dear Dinesh,

It is very difficult to give opinion without verifying the documents, it is my sincere advice to you contact local advocate and get Opinion from him so that you can save your money.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

you will invite legal harassment by spending money if you purchase that property.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

Firstly the legal heirs of the grandfather has to confirmed.

Next, the partition deed should be registered

The conversion should have been approved by competent authority

e katha cannot be considered as evidence of title nor the tax paid receipts

you have to obtain a legal opinion from a lawyer in the local.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

For signing the deed only owner of the part and his father will come,left other won't sign up itseems

without obtaining legal opinion it is as good as inviting trouble, hence obtain legal opinion by producing all the papers before a local lawyer.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer