Legal Question in Real Estate Law in India

Please suggest me

I want to buy property story behind it is given below

Man �A� purchased land from his own earned money, A not having any child (Son or daughter) , So he allowed his nephew to stay with him. The nephew is living in ground floor. It has 3 rooms. He is living since last 10 years. They (A and A�s wife) using two room which is on first flower, then that (A) man was hospitalized so he did will which stated that �I gave permission to stay in my house. But now onwards he has to vacant from my house. And he forcefully took my thumb impressions on empty documents and all those documents will be invalid. And the property should go to my wife after me.�

After two months that man �A� passed away, then the lady (A�s wife) want to sell that property to me. But still his nephew is living there in ground floor.

All documents specified/proved owner as �A�, Search report also clear and specified owner as �A�.

Only 7/12: Annexure-A (Patwari documents) showing owner as his wife. (A�s wife).

So tell me if I purchase that, what that nephew does against me and in which acts

How I can send him(nephew) away

and what prevention I have to take at the time of punches and how I can to vacant that ground floor, after punches.


Asked on 12/14/08, 3:00 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Please suggest me

You may purchase the property after A's wife gets it vacated from his nephew. If possible, you should obtain the signatures of that nephew also on the sale /conveyance deed as a witness.

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Answered on 12/14/08, 7:53 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Please suggest me

If you are satisfied with the title, you can purchase.

As far as possession of nephew is concern, if he is not willing to vacate, you need to get orders from the court.

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Answered on 12/15/08, 12:55 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Please suggest me

First of all obtain the titles of the said land.

If you are satisfied with the title of the land then you may puchase.

Secondly as the possesion of the nephew is concerned and if he is not vacating then get the appropriate orders from the court by filing a civil suit.

In case if you are from Gujarat then please contact personally.

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Answered on 12/15/08, 3:20 am
Nasir Butt Nasir Law Associates

Re: Please suggest me

Possession of third person has no concern with the sale of property. Owner is responsible to get the premises vacated from his nephew.

It is better to obtain signature of objector as witness, if possible.

Appropriate order can be had from the court of competent jurisdiction.

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Answered on 12/15/08, 8:26 am


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