• Legal rights on property

I have identified a proeprty for purchase and paid booking amount. The property is from landowner share. the particular flat is duly allotted to he owner by a  registered partition deed. Now th owner is refusing to include his wife and children in the sale agreement.  As the partition deed allotted the flat  to the owner only ( in the deed only sign is there), will his wife and children has any rights on this property? overall, will there be any legal trouble, if  wife and children is not there in the agreement and they claim the property later?
Asked 10 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) once regd partition deed is made landowner would be absolute owner of the property 

2) it is better that consent of wife and children be obtained as confirming parties or as witnesses 

3) consult a local lawyer before purchase of property 
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
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The heirs of the seller are not required to sign the sale deed if the title of seller is clear. His wife and children do not have any share in the property. During his lifetime he is free to sell the property to anyone he desires. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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for practical purposes it is important to understand if the flat came to be allotted in a partition deed executed between the landowner and which party, is it the developer. this is normally done by way of a sharing or supplemental agreement executed between landowner and developer.
by what you say it seems that the flat is inherited property, in such cases it becomes necessary for the landowner to include the names of his wife and children who have attained majority. tomorrow after the sale in your favour both his wife or children can dispute the sale. 
Therefore both parties must be made the consenting witnesses in the absolute sale deed to be executed in your favour.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
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The title flows from the registered partition deed and not the sharing agreement. If the property which you intend to buy is identifiable from the partition deed then you can go ahead and purchase the property subject to other facets of due diligence.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1) it is necessary to peruse partition deed to advice 

2) it is always advisable to err on the side of caution . 

3)if you make payment and get later entangled in legal case you would be running around courts for years at an end 

4) dont purchase the flat without having papers vetted by a local lawyer
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
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understanding what you intend to tell, the land owners have jointly entered into a joint development agreement, the builder has entered into a sharing agreement with them, in this the flat you are intending to buy is not specified, then the land owners themselves have entered into a partition deed on the basis of the sharing agreement, in which this flat finds mentioned therein. now in this deed of partition, the signature of your land owner wife is not found and will not be required. the signatures of other land owners must be present and this document must be duly registered.
After you enter into an agreement of sale with this landowner, make sure to take the signatures of his wife and major children at the time of registration of the absolute sale deed.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
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Hi, it is very important to see that whether property is the self acquired property or ancestral property, if the property is ancestral property and in that owner has get the share through the partition then all the legal heirs have right over the property.

2. So it is better get the legal opinion from the advocate and proceed further in the matter.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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1. If it is a self-acquired property of the owner, then there is no need to take signature of his wife and children.
2. If it were to be the ancestral property of the owner, then there is need to take signature.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
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 Now th owner is refusing to include his wife and children in the sale agreement.  As the partition deed allotted the flat  to the owner only ( in the deed only sign is there), will his wife and children has any rights on this property? overall, will there be any legal trouble, if  wife and children is not there in the agreement and they claim the property later?
You have stated that the owner inherited the property through partition deed but you have not mentioned that if this was property was ancestral in nature or otherwise.  This is important that if it was ancestral property then the share of the property received by the owner is subject to further division among his children as per Hindu succession act. 
Assuming that this property was not derived from ancestors and it was inherited by the land owner by a family partition,  then this property becomes the owner's absolute and own property, in that case he need not obtain signatures from his wife or children.  These people do not have any right or interest in the property in any manner
So, legally he is right and there cannot be any legal problem in the later stage due to this. 
However it is always advisable to obtain a legal opinion which shall be rendered by an advocate after scrutinising all the relevant document/papers properly which would be a safe situation. 
T Kalaiselvan
Advocate, Vellore
14104 Answers
127 Consultations
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Hi the partition deed is done between the landowners only where the specific flat is alloted to this owner only. The sharing agreement is between landowners and developers in general where the landowner shares are specified but it did not tell which landowner alloted which flat . The registered partition deed specifies further division which particularly specifies the flat alloted to owner. In the partition deed only owner has signed. Does his wife still have any rights on the property?
As I said earlier, if this was the property acquired by partition among themselves by the share holders, the property shall be their absolute and own property.  In this the third parties namely wife, children do not have any right or interest in the property hence they cannot claim  share in the property.  Therefore  his wife need not sign the sale agreement paper, it will be invalid if she signs it. 
T Kalaiselvan
Advocate, Vellore
14104 Answers
127 Consultations
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