Palakkad | 06 May, 2021 (5 months, 2 weeks ago)

Property Law

Grandfather’s property

m planning to purchase a land in Kerala. The land was purchased by Grandfather “G”. He has six children say C1 to C6 (Two female and Four male). C1 to C6 has 20 kids. So G has 20 grandchildren say GC1 to GC2. After the demise of G and C1 to C6, the land was given to GC1’s wife by a registered sale deed in 2002, but only 6 of the Grand children signed that document and rest didn’t. The wife is having possession from 2002 and paying all the land tax. Is there any legal problem if I buy that land? If the other grandchildren file a case that it was transferred without their knowledge to that wife, my registration will be void? Please advise...
Answers
06 May, 2021 | 13:18

Presuming the vendor is hindu the property should have been a joint property of all the 20 grandchildren. Since only 6 of them signed in the sale deed the property of those who signed is duly transferred but the rest who didn't sign can anytime dispute the sell. This is one part of the story. Now the other part is since the rest of the cosharers didn't object to the sale to the wife having notice (if any) of the sale then the presumption in equity is they have decided to forgo their share in favour the wife. Additionally since for last almost 20 years the wife is holding the possession in adverse (if any) to the other cosharers who choose to sit quite and imply that they do not contest the absolute transfer so again that would preclude them or their heirs to challenge the sale afterwards (i.e your buying it). So the summary is the sale is risky but worth it because overall you will be getting both possession and title document which can be defended by the above stated grounds. If you like my advice and can afford then send me money as courts are closed. My upi is - 9013429126@axisbank


06 May, 2021 | 06:37

Dear client
I would like to understand whether any partition was occurred and How the land was transferred
See
Whether the property is coparcenary ancestral property
If you want legal advise then you can call me on mobile no 9359867870


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