Legal Question in Real Estate Law in

We are Hindu Tamil Brahmins,My grandfather had 2 sons(my father and his brother)and a daughter.He died without writing a will in 1946.My father and my uncle inherited the land divided equally among themselves(60 cents each)My uncle later migrated to Singapore.He had sold 40 cents of his land to another person.Later he sold 20 cents of the remaining land to my father in 1982.I have 2 brothers and one sister,I am the eldest.I had spent significant amounts of money for educating my brothers and for my sisters marriage(no documentary evidence is available).Now they are all settled outside India.My father gifted the 20 cents of land which he purchased from my uncle to me in 1991.Of the 60 cents inherited by him he gave 20 cents to me and 10 cents each to my brothers,sister and mother in 1993.Theyare all ready to sell their portion to me at a discount to the market rate.Can they sell the land to me by themselves or should I get the signature of their children also(to prevent any dispute which may arise in the future).Are the previous transactions including inheritance by my father and sale by my uncle in order.Kindly advise


Asked on 9/10/10, 4:41 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

Yes sale by your brothers and sisters would be alright. Legally speaking you do not need the signatures of their children but if you have them or can have them it would be better.

as regards, the previous transaction, I am not sure about the entitlement of your father's sister in 1946 when grandfather died. if it was only agricultural land, she might be excluded but that can be confirmed only locally as I am based at Delhi

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Answered on 9/10/10, 10:59 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as it is a land having a history of ancestors, it is better if NOC from the children is also obtained before purchasing the share otherwise, it may result into unnecessary legal hassles.

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Answered on 9/13/10, 12:05 am


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