Ask for family tree
2) you have stated that brothers divided property among themselves
3) was deed of partition duly stamped and registered
4) deed of family tree is required to be stamped and registered
5) bothers can be witness to the sale deed
Property division and no consenting parties in sale deed
I am considering buying a property, agri land. The property is inherited. After death of the father, who had 4 Sons and no daughters. The 4 Sons divided the property among themselves and had sold the property. Now the property sold by the 4th Son is on resale. There is registered sale deed executed by the fourth Son. But non of his family members are consenting party or witness to this sale transaction. I am looking for this property. The 4th Son age when selling property was 70 years. 1. Should I ask for the family tree starting from the father who has died. 2. How to get this family tree registered. 3. How to ensure there is no legal claim from any of the family members, since no family members are consenting parties in sale deed. 4. Regarding division of property, should there be any document. 5. Authority where these documents should be registered.
Asked 4 years ago in Property Law
Religion: Hindu
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6 Answers
1. As you have rightly suggested, obtain certified family tree starting from the person who had owned the land in entity.
2. Family tree/ Legal heirship Certificate can be obtained from the jurisdictional Tahsildar.
3. After thorough studying of the mother deed and other connected documents, we can know if there are any other rightful claimants and if rightful claimants exist, then corresponding legal documents have to be prepared and to obtain their signatures.
4. There has to be registered Partition Deed to validate division of property.
5. Regarding title, Encumbrance Certificate, etc, of the document, Sub Registrar's Office of the jurisdiction will be the competent one and for other agricultural documents like. RTC, etc., it can be procured from the jurisdictional Tahsildar's Office.
Hi, You need to check 30 years documents. If there is a partition taken place among the 4 sons there must be partition deed and you have to request for the same and now you are going to purchase the property from the 4th son then his legal heirs must have sign the Sale Deed other wise the title will be defective. It is better contact any advocate and get legal opinion from him.
Dear Sir/ Madam,
In order to avoid any further complications regarding the title of the property, it is better to obtain the family tree to check if there are any rightful claimants to the property in the dispute. If such a claimant exists, the signatures of the same (in case of death, legal heirs) have to be obtained to avoid a defective title in the ownership. As you have mentioned that there has been a division between the four sons, please look for the partition deed and ensure that the same has been filed by the legal heirs. You can approach the Tahsildar to obtain the above-mentioned documents.
1. You can insist on the production of the family tree from the vendor.
2. It need not be by a registered document.
3. You can obtain a legal opinion from a lawyer which would clarify all these doubts.
4. The partition of properties can be by a oral partition also.
5. The sub registrar's office.
- As per law, after the death of father , his property would be devolved upon his all legal heirs equally i.e. 1/4 shares for all legal heirs in the absence of wife of the deceased.
- Further , after getting the share , it will become their self acquired property , and they can sell their respective share without getting any other consent .
1. Yes, to be sure that he was having only four sons and no wife/daughters.
2. Tell him to arrange legal heir certificate
3. No need
4. There should be either a family settlement or partition deed .
5. Registrar office.
