• Purchase of ancestral property

Hi sir,
I'm planning to buy 5cents of land from  total 50cent property. Owner Christian..
The property owner received it from his father on dhananishchaya adhaaram and full right of the property at present belongs to owner for last 17 years. Owners father also received it from his father.
Now I hav a plan to buy a 5cents of land from the total 50 cents. Owner plans to built a home with the transaction money.
My questions..
1. Whether consent from owners son is required for proper transaction, I fear abt the consent as owner and wife/son is living seperately due to dispute between them.
2. Is the son can reclaim the ownership after registration?
3. Is it leagally safe to purchase the land without owners son's consent?
4. Is anything I can do for making it a legal transaction?
Asked 3 years ago in Property Law from Kochi, Kerala
Religion: Christian
1. You are silent on mode of acquisition of the property by the owner. Generally the coMcElroy of ancestral property does not apply to Christian.
2. Son can't reclaim the property.
3. Yes but it's preferable to take his consent to avoid future complications.
4. Get the son signed as witness.
Devajyoti Barman
Advocate, Kolkata
12800 Answers
165 Consultations

5.0 on 5.0

1) you must contact  a local lawyer . Take 30 years search obtain certificate from lawyer that title  is clear and marketable hen only purchase the property 
2) without perusal of chain of documents we cannot give opinion whether you should purchase property or not 

3) if present owner had received it as gift deed and it was duly stamped and registered then seller has full rights  to sell the said property 

4) consent of owner son would not be required if seller was absolute owner of property 

5) if seller had no power to sell the property then an application can be made to set aside sale deed 
Ajay Sethi
Advocate, Mumbai
45421 Answers
2668 Consultations

5.0 on 5.0

1. owner has right to sell his property because he has absolute right towards his property.

2. if he sells his property in his life time and without consent of his wife & children then buyer will get absolute right because his children and wife has no right to challenge it in court, christian personal law gives absolute right to father in alienation of ancestral property. 

3. children and wife get this right after death of father and husband respectively.

4. you can purchase this land but after proper inquiry about his right and power to alienate. 
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

case law :
1.In Anthonyswamy vs M. R. Chinnaswamy Koundan it is held by the supreme court that only Christians of Chittur Taluk were governed in the matter of inheritance and succession by Hindu Mitakshara law others are govern by christian personal law.

2.  christian personal law gives absolute power to the manager of ancestral property ( father or head of the family) in alienation of property in his life time.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

1. If the proposed seller is the indisputable owner of the property he does not require the consent of anyone to sell his property.

2. The son cannot lay a sustainable claim to the property of his father sold by the latter during his lifetime.

3. You should inspect the original title deed of the property and have it vetted from your lawyer to ascertain whether he holds a free and marketable title.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

As per the Indian succession act, the ancestral property will devolve on the son of he owner too.  It will be safe to get the consent from the son too so that the future litigation in this aspect can be avoided.
1) The son  in order to wreak vengeance against his father may trouble you by unnecessary litigation
2) Show the documents to a local lawyer and get a legal opinion.
3) The above reply suits
4)  Verify the encumbrance and title trace details. 
T Kalaiselvan
Advocate, Vellore
35575 Answers
385 Consultations

5.0 on 5.0

A. First you need to study seller's property origin because Where an intestate has left a widow and if he has left lineal descendants, that is, children and children’s children, 1/3 of his property shall belong to the widow, and the remaining 2/3 shall go to the lineal descendants. If the intestate has no lineal descendants, but has left persons who are of kindred to him, ½ of his property shall belong to the widow and the other ½ shall go to those who are of kindred to him. If the intestate has left none who are of kindred to him, the whole of the property shall belong to the widow. 

B. You would better take the consent of all the children of seller to avoid future complications.

C. You can put this in the local newspaper before purchasing the property by calling public or any legal heirs to put their objection within 15 days from the date of publications. 

D. Contact a local advocate to complete this task. 
B.T. Ravi
Advocate, Bangalore
833 Answers
56 Consultations

5.0 on 5.0

1. The person is the absolute owner of the said 50 cents of land which he can deal with in any way he wishes to without anybody's consent,

2. No. His son has no right on his property during his lifetime,

3. It is absolutely legal to buy the property from its absolute owner,

4. To have your additional mental satisfaction you can insist upon the seller that his son should be a consenting party or witness in the saoe sale deed. 
Krishna Kishore Ganguly
Advocate, Kolkata
18407 Answers
447 Consultations

5.0 on 5.0

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