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Faulty partition of land hindering purchase
01-Feb-2023 (In Property Law)
A lady has 18acres of land she has three sons divided her property and died she divided 18acres to three of her sons so one son got 6 acres but the problem is She divided it to her sons blindly not mentioning which part belongs to her three sons The three sons has been married and even got sons and daughters who are above 18years I want to buy the land from the last son of 2acres My concern is the second son seems problematic because I got rumours that after the land bought by me He may file a case to claimthat the land bought by me is him's Because the lady has not divided clearly stating that which part of the land belongs to particular son So can I buy the land from 2nd son?
No it is not advisable to buy the property in the absence of specific share of each brother. They have to file a petition for declaration of specific share of each mentioning the survey No's., boundaries and extents.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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It will lead to unnecessary complications in future if the property is not identified with metes and bounds. Hence you ask your vendor to partition the property among family members before conveyancing the same to you.
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