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Buying ancestral property with the children consent any risk involved


06-Feb-2023 (In Property Law)

Plan to buy ancestral agri property near ponneri. Seller wants to sell part of property share his family own. They have patta, adangal, original deed of property in his name and their legal children are ready to sign during registration along with him. From online EC, based on his survey no. provided, looks to be no transaction in 30 years. What are risks, if any? I could not confirm if seller's sibling / their children. Is it compulsory for seller's parent will, since all docs are in my direct seller name for 40+ years? How to confirm seller's ( all his ) heirs are are part the deed execution

Answers (2)

Answer #1
906 votes
You have to engage a competent lawyer and ask him to conduct what is known as due diligence . The said lawyer will verify the entire chain and history of the said property and let you know whether the title of the said property is truely and legally in the name of the seller or not
Answer #2
524 votes
From your query it seems there has been no partition in the family. In such case it is always better to get a family settlement done between the family members of the seller showing a mutual partition and its not needed to be registered one. thereafter you can purchase the property from the seller of his share. if the children are major do get their consent in the sale deed or if possible get it independently recorded as its ancestral property.
its not necessary to get will executed from the sellers parents once you get a formal family settlement executed between the members of sellers family as you said its ancestral property...

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