I want to purchase the share of two owners in a plot which is jointly owned by three persons. However, the Sale Deed is silent as to the extent of each co-owner's share in this plot.
—XYZ Unless there is a contract to the contrary between the parties, joint owners shall have a share in the property proportionate to the funds contributed by them for purchase of the property. However, in theabsence of any clarity regarding the quantum of funds contributed by each owner, joint owners shall be deemed as having equal share in the property. Some dispute has arisen with respect to my grandfather’s last Will. The signing of his Will was witnessed by two persons. However, one of them is now not alive. Will the evidence of one witness be enough?
—ABC In such cases, if one attesting witness can adequately prove to the court that the Will was duly executed as per the Indian Succession Act, the examination of other attesting witness may be dispensed with by the courts. However, if one attesting witness fails to prove the due execution of the Will, then the court may require other supplementary evidence. I am planning to purchase a parcel of agricultural land from an NRI. Though he had purchased this property before acquiring the status of an NRI, should I insist on him obtaining RBI approval before I purchase this property?
—EFG As the seller in question had acquired agricultural land at a time when he was a resident in India, and had acquired the status of an NRI subsequent to his purchase of the agricultural land, he is entitled to continue to hold such agricultural land, without seeking RBI’s approval.