• Buying flat from owners share in apartment

I am planning to buy a flat in a apartment in bangalore. The apartment was built by Joint Development Agreement between 6 land owners and builder. 
The  6 land owners had partitioned the property by court order from their common ancestor who died without leaving a will. the owners relation to the ancestor are are wife, sons(3) and  daughters(2) .The two daughters (the owner i am dealing with along with her sister) have commonly taken the 2/6th of the share. Then all the six land owners have entered JDA with builder and have been individually alloted flats in the apartment.The JDA is registered with percentage of owners share  mentioned but the flat allotment is made on a follow up agreement made on a stamp paper but not registered.
The flat i am interested belongs to the alloted flat of one of the daughter (who has two son and a daughter who also may be major at the time of the death of the common ancestor). Does the female owner  has the full right to sell me the flat without the consent of her son/daughter/husband/other sister.


Any other points of concern in this transaction.

Please advise
Asked 3 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
Once partition had taken place among legal heirs it ceases to be ancestral property . Property which has remained undivided for  4 generations woukd be ancestral property 

2) sister can sell her share without consent of her children 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1) consent of third sister is required as they jointly have 2/6th share

2) develop ment agreement ought to have been registered wherein flats were allotted to Land owners 

3) if it was ancestral property children ought to have been party to partition deed 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. During the lifetime of the parent his/her children do not have any share in the self acquired or ancestral property inherited by the former. So the daughter was free to make a disposition of her share in the manner she desired without seeking the consent of her children.

2. The property which a joint owner gets after partition constitutes his separate property irrespective of the joint character that existed earlier. As a corollary to this he is free to sell, bequeath or mortgage it at his sweet will. 

3. The allotment agreement does not require mandatory registration. 

4. The children do not have any right, title or interest in the property of their parents during their lifetime.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
The flat i am interested belongs to the alloted flat of one of the daughter (who has two son and a daughter who also may be major at the time of the death of the common ancestor). Does the female owner  has the full right to sell me the flat without the consent of her son/daughter/husband/other sister.

As per law the nature o ancestral property will extinguish as far as the share of property allotted to female coparceners once the share of the property has cm into their possession and they will become the absolute owner of the said property . Their children nor husband has any rights in the said property during their lifetime, it becomes married women property.Therefore the signatures of her children need not be obtained in the sale deed in your favor. 



 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
a) in this case the two sisters commonly share the partitioned 2/6 share before the JDA. So other sister consent is required or not as she is joint owner in the divided property  required or not?  

If it is a jointly owned property and remains undivided between them then the other sister's consent or signature is required but in this situation since both have been allotted with their respective flats, it may not be required.








b) and the flat allotment agreement which is made on stamp paper but not registered is it ok?

The agreement for allotment of flats need not be registered, because the flats are going to be sold, moreover the land belongs to the owner.




c)Also the children of the owner may be major at the time of the death of the ancestor.this has any bearing

No.  The children of the female coparceners are not entitled to a share automatically similar to their male counterparts.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0