• Property share regarding

dear sir

i want to purchase the patta land in KADDAPA area of 1800 sqft. land owner  died last three years back.he is having three childs(two son& one daughter) .elder son also married .he also died last one&half year back bcoz of some family problems. daughter also married,still younger son is bachelor. elder son having one 8 year old kid. now the owners wife decided to sell the property younger son and daughter also willing to sell the property.elder son wife go to his mothers home after the husband death next day but she is not participiate no funcation and communication to the husbands family still now

but the land owners wife willing to give equal share to his grand son (elder sons son) through fixed deposit of his name

but the elder son wife not response this matter

we are also guessing she is ready to marry another guy in future three or four months

but the land owners wife have some physical problems so she is decide divide the property equal share before she is dieing.and she is urgently need some money for treatment and younger son marriage expense

now what is the legal procedure to purchase the land and how to sort out the elder son minor guardian issue

kindly help me sir . pls give ur valuable suggestion  bcozthis is my first buying property for my hard work .i have three kids .
thanks and regards

a s bosedev
Asked 3 years ago in Property Law from Kadapa, Andhra Pradesh
The property involves minor's share.so a court direction should be obtained by the natural guardian the mother for the sale to avoid future trouble .
Keeping the money in FD.is something court will agree.
The widow and the minor shall have the righ..
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
134 Consultations

5.0 on 5.0

Firstly  this property has for stake holders namely the brother, sister, brother's widow and the mother. If the mother wants to sell the property to you the other heirs have to relinquish their rights and or provide NOC to allow the sale.
Regarding the minor son of the deceased son the seller should get a court order authorizing brewer to sell the minor's share and deposit the proceeds in fixed deposits to be made available when he attains majority.
If this is not done the sale can be challenged  by the minor son when he attains majority
S J Mathew
Advocate, Mumbai
2243 Answers
110 Consultations

5.0 on 5.0

First of all, we would suggest you to get the title of property examined by a local lawyer and see whether the property has been legally transferred by way of mutation in the name of all legal heirs or whether they have obtained  letter of administration from Court.
In the present case, one of the co- shareholder is a minor, so there is a clear cut Supreme Court judgement wherein permission of Court has to be obtained  before   transfer by sale  in question.
As you mentioned she intend to keep money in the FD, so it is the discretion of the Court to agree the same
Sudershani Ray
Advocate, New Delhi
192 Answers
42 Consultations

4.6 on 5.0

1. Since you are investing your hard earned money in purchasing a property you should carry out legal due diligence to ascertain whether the widow of owner of the land can sell the property to you. As the elder son of the owner is also dead his wife and children have succeeded to his share in the land. So the widow of the land owner cannot sell the property in the first place unless the widow of her elder son consents to the same. If the property is sold without the consent of the widow of the eldest son she may sue you on coming to know about the sale. 

2. At first, you should find out whether the property is free from any encumbrance. This would entail making an inquiry as to whether the property has been mortgaged or not. If it has been mortgaged then it cannot be sold till the loan is repaid to the bank. 

3. The title deed of the land and the antecedent title should be vetted to see whether the land was marketable and purchased against due consideration by the husband of this woman. 

4. Whether the mutation has been carried out or not is also to be looked into.

5. Before you purchase the land you should make sure that electricity, water and other dues have been paid by the owner.

6. Last but not least, it should also be seen whether the property is the subject matter of any lawsuit pending in a court of law.

7. Take assistance of a local lawyer to carry out the above process of due diligence.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1) contact a local lawyer and obtain certificate  that title is clear and marketable and free from encumbrances 

2) on death of land owner his wife has 1/4th share in property . 

3) the 1/4th share of deceased son will be inherited by his wife and minor son . 

4) first check whether mutation of property has been done in name of legal heirs . 

5) for sale  of deceased son share which has devolved on his wife and minor son you would need court orders . 

6) if the court agrees  part of sale proceeds relating to minor son share can be invested in fixed deposit
Ajay Sethi
Advocate, Mumbai
45617 Answers
2680 Consultations

5.0 on 5.0

1. in my humble opinion avoid buying this disputed property as its title is not clear.

2. get this property verified by local lawyer also.

3. do not waste ur hard earned money on it.
R.K. Nanda
Advocate, New Delhi
457 Answers

4.7 on 5.0

1. First of all check whether the said patta land is saleable or not. Most of the lands given to users against patta by the Govt. are not saleable,

2. If it is saleable, then all the legal heirs shall have to sign the sale deed or execute relinquishment deed in favour of one who will execute thebsale deed,

3. Approval for selling the share of the minor shall have to be taken from the District Judge since he is the Trusty of the properties of all minors living in area under his jurisdiction.
Krishna Kishore Ganguly
Advocate, Kolkata
18511 Answers
448 Consultations

5.0 on 5.0

You should purchase that land from legal owner, to find legal owner you ask from the owner to give proper document regarding title over the property. Get full inquiry in this regard then proceed further. Generally on the death of owner his property goes to his legal heirs either according to his will or provisions of succession act. 

Minor is not entitle to sell his property but property could be vested in him. Only father is entitled to sell the property of minor but in case father died then mother can execute sale deed but in both cases sale deed can't be executed without the permission of Court.

In all conditions guardian of minor can execute sale deed but after taking permission of the court. You must wait until ownership not have decided.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

You must get permission from the court for selling minors property and the same will be deposited as FD.file a petition in the district court for the same
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultation

4.5 on 5.0

firstly mutation entitles right over property.widow may give consent but the right of minor is protected in law.cosult local lawyer with documents.
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers

4.5 on 5.0

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