I am trying to buy a property from a seller which is A seller grandfather self aquired a property and died without writing any will, seller grand mother has transferred the rights to his son via Release Deed (only one son). Now the son has transferred it to seller via gift deed. Now Seller has two sisters (totally 3 child's) and all are major by the date of release deed and gift deed, can these sisters or their future child's claim on it. Can it be bought without any worries ( Both grandmother and father of seller are alive and are aged about 98 and 75 respectively)
Asked 2 years ago in Property Law from Bangalore, Karnataka
1) on grand father death his wife and children would be only legal heirs in respect of his self acquired property
2) since grand mother has transferred her share in property to her only son he would be absolute owner of property . i presume he had no sisters . .
3) son could in turn execute gift deed for said property
4)consent of seller 2 sisters are not necessary for sale of property .
5) better have the papers vetted by local lawyer before purchase of property
This is the self acquired property of the seller and hence his siblings have no right of say in the said proeprty.
You can proceed to buy this property if the title is otherwise clean.
The property was the self acquired property of seller's grandfather, which was transferred to his son by his wife, who in turn transferred it to the seller. The property received through inheritance (such as in this case) is at par with the self acquired property. So the sisters of seller do not have any share in the property.
Hi, when the property was gifted to the seller then others have no right to claim share in the property so seller will become the absolute owner of the property.
2. Provided, it is better you can get a legal opinion from the advocate and proceed further.
I had consulted a local lawyer and he said the members of the family(seller sisters) should attest as consenting witness, where as the seller is not in position to get the same can I proceed without sisters consent
Asked 2 years ago
1) Consent of sisters is not necessary
2) lawyer is merely trying to play safe
3) you can proceed with purchase of the property if you so desire
4) better go by your lawyer advise
Hi, it is better you can get the legal opinion form the advocate and proceed further.
First of all yo have not stated that who the seller is ?
Assuming the vendor as grandson of the original owner and he acquired the property vide a registered gift deed, the vendor is considered to have marketable title to the property proposed to be sold as an absolute owner.
The self acquired property actual devolved on the legal owners of the original owner upon his death.
In that one of the share holder relinquished the rights i the property in favor of the other share holder, which is very much valid legally.
Now the inheritor becomes the absolute owner of the property hence he can very well transfer the property by executing a registered gift deed in favor of his son.
after accepting the gift deed, the son acts upon it and has become the absolute owner of the property
In the above context the vendor who has absolute title to the property need not take the consent of his siblings because nobody has a share or right in it.
On further aspects you can take a legal opinion from a local lawyer before proceeding with the purchase.
No this is not required if the title is free and marketable.