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Took property from married person can his children and wife ask for it


08-Jan-2023 (In Property Law)

THIS CASE IS REG-WASTE LAND PURCHASED IN CHENNAI- ramasamy (late) has two wifes 1.amaravaty 2. thanjammal. & amravaty son Ethiraj sold peice of land(3 cent) to me. now second wife of late ramasamy daughters caliming that first wife son ethiraj sold property without our knowledge so deed of sale is not valid... MY question is i bought land from 1 wife son ethiraj who sold without the knowledge of their siblings.. now ethiraj recd court notice asking property partion between all ( 1 & 2nd wife childers) will there be issue in my purchase ? will they snatch legally from me ?

Answers (5)

Answer #1
828 votes
If the property was self acquired property of the vendor and he had marketable title to the property, there is no need to obtain consent or permission or signatures from his wives or children for executing the registered sale deed.
If you are afraid of unnecessary litigation in future, you may ask the vendor to advise his wives to sign the sale deed as witnesses. This will take care of all other issues.
Answer #2
983 votes
It is better that you ask the vendor to execute a joint cancellation of the sale deed executed in your favor by joining you in executing the cancellation deed and ask him to return the consideration amount received or you can lodge a criminal complaint against him for cheating offences.
If the property devolved on all other legal heirs, then thy may claim heir respective share in the property, so you will be in a dilemma when the court orders cancellation of sale deed executed in your favor, that time you will be losing your money too. It was your fault to purchase the property without obtaining a proper legal opinion about the property.
Answer #3
500 votes
All legal heirs have right in the property including the both wives and their children. Your title and sale would be affected due to the fact that you did not do proper due diligence before buying the property.
Answer #4
521 votes
If the property is self acquired by the person selling then there is no problem. If it is an ancestral property then all legal heirs have the right and the two wives and children have a claim. Your title and sale would defective if all have not signed. If there minor children it complicates the matter further.
Answer #5
594 votes
no bar under the law to buy a property from man having two wives. but the thing is it should be a self acquired property. if it is a ancestral property for that man or jointly owned by anyone, then you verify with legal heirs certificate otherwise you will be get into trouble.

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