Can i buy a property which was sold without daughter signature 0n 3-3-2005
4 months ago
I am planning to buy a property that was initially sold to Mr. X. Subsequently, Mr. X sold it to Y, and now I am considering purchasing it from Y.
The property's first transfer occurred when it was sold to Mr. X by a person called Z. It's worth noting that Z has a family comprising 1 wife, 1 son, and 2 daughters. However, during the sale deed on March 3, 2005, only Mr. Z and Z's wife and son signed the document; the daughters and the son's wife did not sign.
One potential concern is whether this could pose an issue if I decide to buy the property now.
It's important to mention that Z inherited this property as part of an ancestral property share. The property was originally bought by Z's brother in 1967 and later divided during partitioning in 1997.
Legally there would be no problem because the maximum limitation to file any suit is only twelve years. But, in India Civil suits can be filed at any time. In the above case the daughters may file a suit for partition better seek NOC from them before purchasing, if possible.
As the property in question is an ancestral property then there can be legal complications regarding the property once you buy it. As it is an ancestral property the legal heirs of Mr. Z will also have a share in the property so he can not legally transfer the whole property without the consent of all the legal heirs.
Thank You
Until and unless an ancestral property is distributed among the legal heirs/coparceners following an order passed by the Court in a partition suit, the legal heirs cannot be treated as owners of the individual share in the said property. and unless the legal heirs become owners of their share in the said ancestral property, they cannot sell or alienate their share to others. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal and/or dispose of such property. So, when an ancestral property was partitioned in 1997 it lost its character of ancestral and was sold in 2005 by the owner of a self-acquired property there are no potential consequences with regard to the title or encumbrances of property as apprehended by you.
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