Dear Client,
If there will be no issue in this purchase of land. His daughter and wife can not claim in the sold property.
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Purchase of ancestral property
Dear Sir/Madam, I have purchased 10 Cents agricultural Patta land from a person. though, the land is ancestral, its clearly in the name of seller in all the govt records like pattaadar passbook, 1B adangal and Village adangal the same I have obtained before registration. while registration, the seller's son who is 19 years old also signed as witness at the time of registration in the document. apart from his son, he is survived with wife and one mentally retarded daughter of 23 years unmarried can raise any claim in future? Knowing the family very well in nature and goodness, Just got this thought to clarify from the legal expert? Please advise Thank you
Asked 6 years ago in Property Law
Religion: Hindu
14 Answers
See if the daughter is not in good mental health she cannot file a claim for the property though legal guardian on her behalf can file. Though if the property is name of person and he has inherited same then no claim as such maintainble.
If it's ancestral the son may have his share or claim it later. It's better take noc or making him a confirming party in sale deed
Go through the past history of transactions. Take encumbrance certificates from registry office. Check whether the property is 4 generation old. If it is so then only the property would be ancestral.
Consent of all coparcener shall be required in selling of ancestral property. They all must sign the sale deed otherwise the sale shall be voidable at the instance of claim by any of the coparcener.
Do not believe anybody while dealing with propert.
Since you have already purchased give a paper publication for lodging claim before a specified date by any person having any lawful claim over this property for settlement by due process if law. This will give you a reasonable degree of assurance.
1.court permission is must to sell the property otherwise not valid
2.the guardian or manager on behalf of born mentally retarted person will sign on sale deed only on behalf of the born mentally retarted person.
No need to worry if the property records have been updated on the name of seller.
Because after updation of records and registration the property is considered as self acquired property of owner and you have also taken the consent of son as precaution then there will no problem in future.
1) son and daughter can raise claim in future that ancestral property has been sold without their consent and to set aside sale deed
2) I presume there is indemnity clause in sale deed
3) it would indemnify you in case any claims are made in future
Going by contents of your post, son and daughter of your vendor have share in ancestral property.
You take an undertaking to indemnify you from the Vendor so as to avoid any future unpleasant issues.
Further, since the girl is retarded, her responsibility is her father's i.e., your vendor, get this issue clarified in his undertaking, stating that the sale proceeds to be used for the benefit of her.
better have the NOC of the wife as well
the daughter can be a problem because she is mentally not sound
that means to get her NOC her guardian [parent - mother] would have to obtain court permission by filing a guardianship petition
so that aspect you need to take care of
What do you mean by ancestral ? Is this property acquired by seller grand father ? if yes than son can challenge the sale up to 21years of age and daughter any time by her mother,
- Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as Ancestral property
- An ancestral property cannot be sold without consent of successors in case of major , and in in case of minority you might have to take permission from the court.
- Further if the property sold without consent , it can be reclaimed.
- Since you have taken all the past record that this property is ancestral property , then it becomes necessary for you to take permission /NOC from others successors.
- Further, as his son is one of the Witness of your document , it means his consent already has taken , But now the daugther who is mentally retarded of major age permisssion cannot be taken as per law.
- Better take an undertaking/affidavit by all the members of the family, and specially from the father/seller of that girl after mentioing that he is giving the said undertaking on behalf of her daughter.
- Dont worry , by doing so you will not face any problems in future.
Good luck and dont forget to rating positively.
Dear Sir,
Whenever the property belongs to a minor or mentally retarded person , his guardian or next friend i.e natural parents have a right to sell the property for family necessities . As such you are safe if parents signatures are taken on their behalf and on behalf of mentally retarded daughter .
It was always to protect the future interests in the property, a legal opinion should have been sought from a local advocate before purchasing the property, if not you may sometimes face legal hassles in future with regard to ancestral property.
nyway since you have purchased the property now by a registered deed, you may just wait if there is any claim made by anyone in future which can be challenged on the basis of the registered document and clear title therein on your name.
Dear Sir,
You will have to inquire into the conditions in which the seller is selling away the ancestral property.
If is a Karta of a HUF (Hindu Undivided Family) he is having all the powers to manage the family and its assets under the Hindu law. However, he don’t have an absolute independent, individual ownership of the property and each coparcener has share, right, title and interest in the ancestral property.
There are some provisions wherein he can sell ancestral property being Karta of HUF as mentioned in Mitakshara. Firstly, during the time of distress, secondly for the sake or benefit of the family and thirdly for pious purposes like religious work. Here ‘Time of Distress’ means the requirement that affects the whole family, like a case of legal necessity.
Similarly, whereas ‘For the sake of the family’ means for its maintenance of the home, ‘pious purposes’ includes indispensable acts of duty such as the obsequies of the ancestors and other religious works. For the Sake of the Family may also include selling the property for family necessity and benefit.
If he is a Coparcener then a coparcener can sell his interest in the ancestral property for that he needs to ask his share out from the ancestral property. For it he may file a suit for partition at any time. The settled law is that if some purchaser has bought the portion of a coparcener in the ancestral property he cannot compel him to file a suit for partition; it is the choice of the coparcener to decide as to when he would like to put an end to the status of the jointness and be separate in property.
