Process for the Registration of Property

[Suri123]

I have a query regarding the registration of the plot from the seller. Let us say that the original sale deed of the seller contains only the name of the seller. Assume that the seller has one son and one daughter; both are majors. So now at the time of registration, as a buyer, do I need to ensure that all three (the seller, his son and his daughter) should sign the sale deed? If the seller only signs the sale deed, is there any possibility that his son/daughter can create a legal issue on the plot as they are also heirs?

How to avoid these legal problems in the first place? How to get to know accurately how many kids the seller has?

Any suggestions are very valuable for me. Thank you very much in advance.

[msn1270]

suri

this query has already been addressed number of times in this forum.

If your seller has bought this property from his own earnings, you don't need others(dependents irrespective whether they are minor or major) signature.

If its an inherited property from his ancestors or the original owner is dead and his next family members are selling, then all the family members signature
or NOC is required.

[sam_m400]

if inheritance is happens by a will by grandfather writing a portion of share to father ,then does we need signature of all son/daughters born to the father?

[msn1270]

yes.
Even Mother(His Wife) also along with Son/Daughter, as they all have inherited equal shares and natural rights in that property.

[jackalbda]

I always had the doubt about how to know who all are sombodie's family members. I am not sure how true this is , but this is what I heard from a lawyer.

You need to get the family tree from the Village Officer and publish your intend to buy this property in some news papers asking for anybody else ( other than those mentioned in the legal heirs given by the officer )'s claim on this property. Then wait for some period and if nobody objects , you can safely buy it.

Otherwise, an illegitimate son/daughter/wife can cause problems later

[sam_m400]

1) if father buys property by his income , does we need to get the signature of son and daughter who are major or just his signature is enough ?

2) if father buys property by his income and he dies does we need the signatures of Minor son/daughter?

3 ) If it is inheritance you mentioned we should get signature of son /daughters . But do we need to get the signature of minors (Son and Daughter) as well in that case?

[jpnagarprop]

1) if father buys property by his income , does we need to get the signature of son and daughter who are major or just his signature is enough ?
>>>> >NO
2) if father buys property by his income and he dies does we need the signatures of Minor son/daughter?
>>>>>From all depended major (wife and kids) and mention all depended minor name in sale deed saying they are minors as this point of time.
3 ) If it is inheritance you mentioned we should get signature of son /daughters . But do we need to get the signature of minors (Son and Daughter) as well in that case?

>>>>>Same as #2

[msn1270]

Dear SAM

My earlier reply answers most of your concerns except Minors Part.

1) if father buys property by his income , does we need to get the signature of son and daughter who are major or just his signature is enough ?
SELLER SIGNATURE IS ENOUGH. HIS DEPENDENTS HAVE NO RIGHTS ON THIS PROPERTY.

2) if father buys property by his income and he dies does we need the signatures of Minor son/daughter?
FIRST MOTHER HAS TO SIGN. AS MINOR SON/DAUGHTER SIGNATURE IS NOT LEGALLY VALID, WHOEVER IS THEIR LEGAL GUARDIAN/CARE TAKER(BY DEFAULT MOTHER
COMES FIRST) HAS TO SIGN ON BEHALF OF THEM (ONCE AGAIN). IF THE SON/DAUGHTER IS A MAJOR, MARRIED & THEY HAVE KIDS(FATHER HAVING MINOR GRAND CHILDREN'S), ONCE AGAIN THEIR GUARDIAN HAS TO SIGN.

3 ) If it is inheritance you mentioned we should get signature of son /daughters . But do we need to get the signature of minors (Son and Daughter) as well in that case?
SAME AS ABOVE #2.

[sam_m400]

thanks but if property is registered in husband and wife name ,and if husband dies does right goes only to wife or to all the son/daughter . what signature is needed? . Is only mother signature is OK to buy the property ?

[msn1270]

SAM

hope you haven't understood my earlier clarification. Else, you wouldn't have asked this query.

When any owner dies(Sole or Partner), his next generation people automatically becomes legal share holders.