Ancestral property sale Ancestral property sale

2 years ago

Hi eminent legal scholars,
I have a friend who is willing to purchase an ancestral property. The property is a old house and it has got transferred to the grandsons and grand daughter after the death of the all grandparents and parents in the lineage. now the property has joint ownership of 4 grandchildren of which the granddaughter has died. and granddaughter's children have agreed to sign as confirming parties as they accept that their mother has been given her share in the form of jewels during her life time. the three Grandsons are executing a sale deed.
Now the question is
1. will this tripartite agreement (Purchasers, Vendors and Confirming parties)will be valid and
2. is there a risk of grandsons' children (all majors) becoming successors and challenging the sale agreement in future?

Appreciate your opinion on this, thanks

Anik

Responded 2 years ago

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A.Dear Client,
you can ask for a NOC from the parties not signing the Sale Deed or a relinquishment deed to avoid any future issues. The children of the grandson cannot inherit the property until their parents are living.
Note: After execution of the sale deed get the property registered.
Thank you
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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

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A.Dear Client
When you are buying a joint property then you need to ensure that all the stakeholders and owners must sign and execute the sale deed or alternatively you can seek relinquishment deed form others who are not signing the sale deed to avoid any kind of issues later.
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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.To give opinion, it is necessary to know whether that property is ancestral in true sense,i.e., that old house in the hand of grandchildren remained unpartitioned through male lineage for last four generations or not because if that property doesn't qualify that criterion, then that property is to be considered as self acquired.
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