1. UNLESS the property is duly Partitioned, the share and location of each share plot cannot be determined.  Hence an un-partitioned plot of land CANNOT be Sold /Purchased /Leased /whatever..... It is too risky and fraught with legal litigation.

Hello,

No you cannot, you must take their NOC proceed without any encumbrance in title.

Regards

The 4 owners can sale there undivided share if the property is unpartitioned.  Then you can after.purchase file for partition suit to seek equal share of property of equal value.

The mother's property belongs to her children. One cannot exclude anybody therefore they should come and do the necessary paperwork. If they are not coming then they can send their representatives.

Regards 

You can't register it till they relinquish their share. If you register they can't challenge the said registration

Mutation of land should’ be  done in name of legal heirs 

2) you can purchase undivided share of land of 4 co owners 

3) under section 44 of transfer of property act co owners can sell his land without consent of other co owners 

4) you can after purchase file suit for partition for division of property by metes and bounds 

1. If the land is undivided then even if 4 willing heirs sell their undivided share by executing a sale deed you cannot get the possession unless the land is divided.

2. After the sale you will have to file a suit for partition against other 2 heirs.

Only after registration of sale deed in your favour should you file partition suit 

Unless all owners consent to the sale it is not advisable to go for sale.

Regards 

G.Rajaganapathy 

High Court of Madras 

After registration before registration you have no right. No you shall not get any legal problem on same.

1. First Partition Proceedings with ALL consenting beneficiaries.

2. AFTER Partition Proceedings and using the Partition Decree, Register your shares separately, for all future transactions.

Yes, but at least let them partition the land otherwise than dispute will remain  same after purchase. They will retain which portion.

Better let them partition first.

Partition suit may take time. But if you can manage to register go ahead but there will always be risk if Court overules it later

1. Yes you can get the property registered with signatures of 4 co-owners if property title contains their name in it 

2. If property is on name of mother then legal heirs have to do partition or settlement deed for dividing the share. Then you can get 4 shares registered on your name 

Please remember that the power deed is not a title document even if it is by a registered document.

You may have to get a registered sale deed executed in your favor  in order to claim title and ownership of the property that you intend to purchase.

If it is shared by 6 persons, then you may not be able to buy a particular property if they have not partitioned the property among themselves.

You can buy the unidentified share of property and can file a partition suit against the others who have not sold their share in the property to you.

However this will involve litigation stretched for years and also the money and energy involved besides wasting your valuable time towards the litigation and other legal issues.

Therefore you may decide the next course of action min this regard.

You can file partition suit only after purchasing the property from the other shareholders and not before that.

You may take a legal opinion from a local advocate before venturing into the purchase of this property.

If you are the prospective buyer then you have no locus to file the partition suit before sale deed is executed in your favour. 

One or more co-owner can sell his/their share without partition or demarcation without consent of others.But others owner can file a suit for preemption right to restrain stranger. 

Once property registered.. you can file suit for partition.

The partition suit has to be filed for division of the property among all the heirs by metes and bounds first. Once the court passes the decree, each one can sell their divided share and register.