Relinquishment deed from Minors with Natural Guardian and it's future effect
6 months ago
I am planning to purchase an agriculture land in Hyderabad. This land was initially owned by a person named A. A has two sons named B and C. A has intestate. Now B with out consent of C sold the Land to person X. Person X sold the land to Person Y. I am planning to purchase Land from Person Y. Now C was ready to renunciate his rights from Land to me as he is my close friend. C was willing to sign a Relinquishment deed in my favor but unfortunately expired due to heart stroke. C is survived with a wife and 2 sons of age 8 and 11 years. C's wife is willing to sign Relinquishment deed in my favor now. But what we can do for C's minor sons and how it will effect me once they become major? What else I can plan so that my purchase will be legally safe in future?
A.Dear Client,
The contents of your query do not reveal whether the property owned by A is his self-acquired property or ancestral property. In the absence of class and the nature of the property, your query may not be responded to suitably. The property is left by A intestate. B and C inherited the said property as per the law of inheritance. If the property is self-acquired property of A, then C need not take NOC from B to dispose of that property if the same is partitioned by a decree of the court and a deed of partition, is executed and registered with the registering authority. But in case the property is ancestral, then C needs NOC from B to dispose of that property to others. But after partition, an ancestral property becomes the self-acquired property and the owner of the self-acquired property is at his liberty to transfer anyone without the consent of other legal heirs. The property in question is transferred from C to a series of purchasers i.e. to X, then Y who did not claim any relinquishment deed of C, So, when you ask for a relinquishment deed from C, it means you are not satisfied with the status of the title of the property which is exchanged between multiple hands before you. So, in view of the above-stated facts. when you are planning to buy property from Y, you need to search and verify the title and encumbrance status of the property from the office of the sub-registrar, land revenue deptt, office of the Tehashildar, updated status of property tax, other financial liabilities in respect of said property and being satisfied with the searching report, go ahead to execute your plan taking a second opinion on the subject from any other professional to avoid any future consequences arising out of non-execution of relinquishment deed by the heirs of C.
The contents of your query do not reveal whether the property owned by A is his self-acquired property or ancestral property. In the absence of class and the nature of the property, your query may not be responded to suitably. The property is left by A intestate. B and C inherited the said property as per the law of inheritance. If the property is self-acquired property of A, then C need not take NOC from B to dispose of that property if the same is partitioned by a decree of the court and a deed of partition, is executed and registered with the registering authority. But in case the property is ancestral, then C needs NOC from B to dispose of that property to others. But after partition, an ancestral property becomes the self-acquired property and the owner of the self-acquired property is at his liberty to transfer anyone without the consent of other legal heirs. The property in question is transferred from C to a series of purchasers i.e. to X, then Y who did not claim any relinquishment deed of C, So, when you ask for a relinquishment deed from C, it means you are not satisfied with the status of the title of the property which is exchanged between multiple hands before you. So, in view of the above-stated facts. when you are planning to buy property from Y, you need to search and verify the title and encumbrance status of the property from the office of the sub-registrar, land revenue deptt, office of the Tehashildar, updated status of property tax, other financial liabilities in respect of said property and being satisfied with the searching report, go ahead to execute your plan taking a second opinion on the subject from any other professional to avoid any future consequences arising out of non-execution of relinquishment deed by the heirs of C.
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A.Dear Client,
Ensure that the property chain is clear and properly documented from A to B to X to Y. Any gaps or irregularities in the chain could create legal complications. Determine the exact nature of C's rights in the property. If C had a legal claim or share in the land, it's important to establish this through legal documentation. Ensure that C's wife (the mother of the minor sons) signs the Relinquishment Deed on behalf of the minor children as their legal guardian. Keep detailed records of the consent and the Relinquishment Deed. These records will be important when the minor sons reach the age of majority. When the minor sons reach the age of majority (18 years in most states in India), they may choose to challenge the relinquishment deed if they believe it was not in their best interest. Perform a comprehensive due diligence check to ensure there are no legal disputes, pending litigations, or encumbrances on the property. This will help minimize future legal risks.
Ensure that the property chain is clear and properly documented from A to B to X to Y. Any gaps or irregularities in the chain could create legal complications. Determine the exact nature of C's rights in the property. If C had a legal claim or share in the land, it's important to establish this through legal documentation. Ensure that C's wife (the mother of the minor sons) signs the Relinquishment Deed on behalf of the minor children as their legal guardian. Keep detailed records of the consent and the Relinquishment Deed. These records will be important when the minor sons reach the age of majority. When the minor sons reach the age of majority (18 years in most states in India), they may choose to challenge the relinquishment deed if they believe it was not in their best interest. Perform a comprehensive due diligence check to ensure there are no legal disputes, pending litigations, or encumbrances on the property. This will help minimize future legal risks.
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