Can we buy property without surety signature of younger son?


I want to buy a property in Bangalore. It is a house built on 40x30 site. This site was allotted to the mother of the present owner. The issue is, his mother had made the will on two sons and later on she cancelled the will. Later she got the property got registered to his elder son's name. Now the elder son is saying he donesn't know about the whereabouts of his brother and he can not take any surety signature for the sale deed. Is it is Ok to buy this proerty without the surety signature of the younger son. Will it have any legal implications later on. Pls. advise.

Answers (1)


395 votes

Your query is silent on the fact how the mother got the property registered on his elder son’s  name . Was it a Gift deed or Will?

If the owner i.e elder son has a copy of registred Will, then we suggest that he should get the same probated and then you can buy the property. However without copy of Will or any legal document we will not suggest you to buy this property without signatures of other son, as at later stage, he can file suit for partition and cancellation of sale deed.

Furthermore, we suggest you to consult local lawyers in Bangolre, after examining the documents and performing complete due diligence of title, they may be able to further provide legal solution.


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