• Sale deed of a joint family coparcenary property

1) One Mr. Narayanappa had two sons namely Mr. Jayaramaiah and Mr. Ramakrishnaiah and three daughters namely Sharadamma, Bhagyamma and Anjinamma
2) Mr. Narayanappa became owner of 2 Acres and 33 Guntas of property vide Land tribunal order in 1982.
3) Later on after the death of Mr. Narayanappa in 1997, the land (2 Acres and 33 Guntas) was mutated into the name of his two sons Mr. Jayaramaiah and Mr. Ramakrishnaiah in 2007-2008. 
4) Later on Mr. Jayaramaiah and Mr. Ramakrishnaiah vide registered partition deed dated 18-1-2013 divided the property equally among themselves into 1 Acre and 16.5 guntas each.
5) Mr. Jayaramaiah by virtue of the said registered partition deed became owner of 1 Acre and 16.5 guntas vide mutation in 2012-2013.
6) In 2019 Mr. Jayaramaiah got executed a registered release deed by his two living sisters Sharadamma and Bhagyamma, by the daughters of a pre-deceased sister Anjinamma and also by his own two daughters with respect to 1 Acre and 16.5 guntas relingquishing their rights in the property.
7) After execution of the said release deed, Mr. Jayaramaiah alongwith his two sons want to execute a sale deed to sell the property. The two sons of Mr. Jayaramaiah have minor daughters.
8) The sale deed will be executed by Mr. Jayaramaiah and his sons will be joining as Confirming parties.
9) Will the above sale deed suffice for a proper legal title for us to purchase the above property from Mr. Jayaramaiah.
Asked 3 years ago in Property Law
Religion: Hindu

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6 Answers

From your contents it can be seen that Jayaramaiah has got a clear title hence the sale deed intended to be executed by him can be considered as a legally valid. You may proceed after obtaining a proper legal opinion from a local lawyer and proceed only when he recommends 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

Yes but also take indemnity bond from all legal heirs as well as Encrumbance certificate

Prashant Nayak
Advocate, Mumbai
34538 Answers
249 Consultations

It would confer clear and marketable title to property as his sisters and legal heirs of predeceased sister have executed registered relinquishment deed for their share in property 

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

If it's an ancestral property minors can claim there share in future but not in self acquired property of the seller. 

 Yes along with other requirements it will suffice

Prashant Nayak
Advocate, Mumbai
34538 Answers
249 Consultations

Sale deed can be executed along with his son by Mr J 

 

granddaughters have no share in property as it is not ancestral property 

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

For as. 3the answer is no. 

4. It's okay. 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

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