• Legal heirs selling ancestral property

Sir, I am intrested in buying the house of 120 sq.yds. The details of the property are
In the year 1981 M.Anasuya W/o M.Lingaiah had purchased an open plot of 240 sq. yds through Registered Sale deed from K.Sathyanarayana. In the year 1996 M. Anasuya passed away leaving the following 5 members as her legal heirs. 1. Lingaiah (Husband), 2. Padmavathi (daughter ) age. 50yrs , 3. Srinivas ( son) age. 47 yrs, 4. Annapoorna (Daughter) age. 43 yrs, 5. Kanakaiaha (Son) age. 41 yrs.
In the year 2009 Lingaiah ( husband of anasuya ) passed away. leaving 2 sons and 2 daughters as his legal heirs. During his life time all the legal heirs marriage have been performed.
In the year 2012 Two sons of Anasuya and Lingaiah named Srinivas and Kankaiah have partitioned the above said open plot of 240 sq.yds (which is in the name of Anasuya) in to two equal shares through a registered partition deed. Now Srinivas got 120 sq yds and kankaiah got 120 sq.yds. They did not mentioned about the shares of their 2 sisters any where in partitioned deed as they are females and got married. They even did not mentioned any point that their 2 sisters got married during her parents lifetime and now they have no objection for the above partition between their brothers. and also they did not take any type of signatures of their sisters in the partition deed like witness or any other. In the Reg.Partition deed is only about the 2 sons and their shares in the above open plot.
Now Srinivas is selling me his share 120 sq.yds plot. I asked him to Rectify the partitioned by mentioning his 2 sisters marriage details and they have no objection in the Rectification deed. But his brother kankaiah is not willing to cooperate to rectify the deed because he already sold away his share to someone.
Now Srinivas and his 2 sisters are ready for me to give their signatures and his 2 sisters are even ready to come to register office . but Knkaiah (brother) is not supporting me.
What are the measures should I take in order to buy the Srinivas share legally without any legal complications in future?
1. Can I take Noc from his 2 sisters, mentioning that they have no objection in the above partition and now they have no objection in the selling of 120 sq.yds to me.
2. How to make that Noc Registered. As I am buying that plot through bank loan, They are saying that Noc (Notary) will not be considered . Any document either agreement with 2 sisters not to raise any objection in future regarding this Partition deed or NOC from their sisters will be considered unless and until it should be registered.
3. They even don't have family members certificate (FMC). They only have Ration card Xerox copy confirming them as legal heirs. ( Now applying FMC is also time taking process . I need to close this deal within 2 weeks.)
4. Now What are the measures should I take in order to buy the Srinivas share legally without any legal complications in future?
Asked 6 years ago in Property Law
Religion: Hindu

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10 Answers

1) on demise of mother and father daughters had one fourth share in proeprty

2) partition deed executed by 2 sons can be challenged by the 2 daughters as no share has been given to them

3) 2 daughters should execute relinquishment deed to relinquish their one fourth share in property

4) relinquishment deed should be duly stamped and regsitered

5) mere NOC executed by sisters is not sufficient

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. At the purchasing the proeprty the sister can always add as Confirming party to assure that they do not have objection in transfer as they have received the owelty money earlier.

2.So there is no need for NOC. There is no way to register NOC though she can execute and register deed of release which requires stamp duty and registration fees.

3. You can get a Heirship certificate done by the seller mentioning the family . You can add indemnity clasue in the sale deed as well for future protection from adverse claim.

4. Do as advised above.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Dear Client,

After the death of Anasuya, (Husband), 2. Padmavathi (daughter ) age. 50yrs , 3. Srinivas ( son) age. 47 yrs, 4. Annapoorna (Daughter) age. 43 yrs, 5. Kanakaiaha (Son) age. 41 yrs, all have equal share ithe property i.e. 1/5 each. and after death of Lingaiah his share 1/5 in 4 kids i.e. is 1/4 of 1/5. So, full deal is questionable.

1. Can I take Noc from his 2 sisters, mentioning that they have no objection in the above partition and now they have no objection in the selling of 120 sq.yds to me. - instead, they should sell as owner or get relinquishment deed registered in brother favor.

2. How to make that Noc Registered. As I am buying that plot through bank loan, They are saying that Noc (Notary) will not be considered . Any document either agreement with 2 sisters not to raise any objection in future regarding this Partition deed or NOC from their sisters will be considered unless and until it should be registered. -- Relinquishment deed ( Haq Tyag )

3. They even don't have family members certificate (FMC). They only have Ration card Xerox copy confirming them as legal heirs. ( Now applying FMC is also time taking process . I need to close this deal within 2 weeks.) - ration card enough for haq tyag.

4. Now What are the measures should I take in order to buy the Srinivas share legally without any legal complications in future? --- advised above.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. In this matter kanakaiah is no way concerned, because the property has been equally partitioned and he got his share.

2. As you are going to purchase Srinivas property, you have to obtain his legal heirs signatures, if his partition deed is registered, if not you have to obtain his sisters signatures too.

3. As you mentioned his sisters are ready, take their signatures as witnesses on sale deed.

4. Don't worry about Kanakaiah.

Good Luck / All the Best

Damoder Kankeeram
Advocate, Hyderabad
50 Answers
2 Consultations

4.8 on 5.0

1. The share of daughters of Anasuya is at par with that of sons. In the absence of a relinquishment deed by the daughters in favour of their brothers, their share is intact which they can cull out by filing a suit for partition in the civil court.

2. Furthermore, if the brothers sell you the property without the consent of the sisters then the sisters will be at liberty to file a suit for declaration of the sale deed as illegal.

3. Tell them to execute the relinquishment deed in favour of brothers and also sign the sale deed in your favour as consenting parties.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hello,

Instead of NOC get a relinquishment deed to the said effect in favor of the brother, it should be a registered relinquishment deed.

Since no share has been given to two daughter, partition deed executed by two sons can be challenged by the daughters. Therefore, make sure that you get a relinquishment deed done.

Regard s

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1. NOC by the sisters is not the correct procedure, they both have to execute a registered ratification deed ratifying the partition deed that took place between their brother, foregoing/relinquishing their rights in favor of their brothers.

2. NOC is not a legally valid document or option to go ahead with the purchase.

3. You should not hurry to purchase the property until the problems are cleared otherwise you will face life log problems due to this lacuna which has not been rectified.

4. The steps suggested in the above paragraph should be followed meticulously

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

POA has to be executed in favour of family member

2)it has to be registered

3)then sale deed can be executed in your favour

4) act as per your lawyer advice

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

When, kanakaiah is already got his share, why he is interested in your ( srinivas ) property.

Don't go for relinquishment deed, for that kanakaiah signature also required, instead go for direct registration.

When partition is registered, on that basis you can go for registration, registrar have no right to object.

Damoder Kankeeram
Advocate, Hyderabad
50 Answers
2 Consultations

4.8 on 5.0

This procedure may not be safe for your purchase.

The steps that are to be initiated are that the sisters should execute a registered ratification, after which yo ca obtain legal opinion before purchase

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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