4 August 2010, 11:45 am
I am interested in buying a plot of land to construct a house near Patna in Bihar. The information I have received from the registrar's office is as follows: The land was originally self-acquired by a person who had died long before. His only son and three grandsons are living as on date and enjoying the property (I have no information about existence of any daughter or grand-daughter). Now the grandsons are pretending that they have divided all the properties (between the three grandsons only) with consent of their father but the partition is oral and there is no partition deed made. Further, one grandson has sold some of his share of the land and his father has signed the sale deed as one of the witnesses. Another grandson has agreed to sale some part of his share to ME. He is saying that he will sale the property but in the similar way as his brother did (as mentioned above). Now I have following questions: 1). Whether the oral partition amounts to acquisition of title of ownership and right to sell by the grandsons without any documents registered in their name regarding the title of ownership after partition of the property? Is it a type of ancestral property? Who can be the rightful claimant(s) for this property under Hindu Succession Act? Someone has told me that instead of son, grandson has inherent right in the property of the grandfather and can sell the property. 2). Is the method by which one grandson has sold his part of the land (by making his father as witness to the sale deed) is legally valid? 3). If the answer to question 2 is "No" then please suggest the actions I should ask (to the person who is willing to sale the land to me) to perform before the execution of sale deed in my favour so that the transfer becomes legally valid without any potential legal obstacles which may arise if the transfer is done in the way as one grandson has already done. 4) Please also give me the name of the acts which are applicable in this situation. Waiting for your valuable suggestions.... Read More »
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