Property which has remained undivided for four generations is ancestral property
2) in present case it is not ancestral property of B
3) not necessary to obtain NOC of legal heirs of B
4) you can purchase land from A
Legal heir issue
Hi , we are buying an agricultural land from a person Say "A" The person bought the land from a person say " B " . One of the legal heirs of "B" could not could not come for Registration as a witness when "A" registered the land on his name , the legal Heir of "A" instead gave an NOC on a bond paper for the same . Is this a valid document ? Will three not be any issues in the future if we buy the land from "A" ? This agricultural land had been inherited from his father and grand father's of "B".
Asked 6 years ago in Property Law
Religion: Hindu
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13 Answers
Hello sir , thanks for your answer . Hi sir thanks for your answer . Let me put it in a simple way .can you please confirm again the same. The property of "B" is an ancestral property which was bought by "A" and we are intending to buy from "A" . "B"s legal Heir did not come for Registration instead gave an NOC on a bond paper . If we buy the property from A , will there be any issues in future ?
Asked 6 years ago
If it is ancestral property then B legal heir have equal share in property
mere NOC on bond paper is not sufficient to confer clear and marketable title to property
1. For an property to be classified as "ancestral property" it has to belong to previous FOUR generations, on the Land Revenue Records.
2. IF legal heir of "B" has issued an Indemnity Bond and is annexed with the Registered Sale Deed between "A" & "B", THEN "legally" it is 100% safe to buy such property.
3. When buying land from "A", just ensure that there is no mortgage /lien marked on the land records and that all persons recorded in "A" sale agreement are present to execute the sale deed between you and "A".
There is non issue at all if A has possession on property. For your future safer side you can make tripartite agreement cum sale deed as of now while registering your transaction. Mention the legal heirs name who had give bond in writing to A.
See if the property was in name of B and B inherited it under hindu succession act then as such no signature from the legal heirs was required B in his life can freely sale the property there won't be any issue in same.
There wont be any issue in this condition.
If the property proposed to purchase is not of the ancestral nature then ther may not be a necessity for the legal heirs to jointly execute the registered sale deed or to sign as attesting witness.
The NOC given at a later stage is not of any use except for the satisfaction of the buyer.
If it was an ancestral property then all the shareholders have to jointly execute the registered sale deed or at least the other shareholders have to execute a registered release deed relinquishing their rights in the property, to make the seller sell the property with clear and marketable title to sell.
Therefore it is always advisable that it is essential to obtain a proper legal opinion from a knowledgeable lawyer on the local before buying the immovable property of any nature.
If you confirm that this is an ancestral property and was sold by B alone without the consent of other shareholders i.e., without the other shareholders jointly executing the sale deed ion favor of A,. then there are chances for litigation in the future by the shareholders of B.
What is preventing you from obtaining a legal opinion from a lawyer ion the local which would more light on all other lacunae or irregularities in this property document.
No, bond is not valid.Legal heir should have given POA. Tell A to get irrevocable POA from legal heir to sell his share also to you.
Without legal heir involvement in sale deed, his/her portion could not sold and they all must act as seller and not witness.
Better tell A to get POA from all and than sell to you.
Yes it is a valid document if sale from B to A was not objected from the date of registration till date.
You can go ahead with purchase of property it will not be any problem.
no issues,you can purchase land from seller.
ancestral property cannot be sold without consent of successors And if property disposed without consent can be reclaimed.
It will have issues later if that legal heir claims his right
