LAW BOOK

HT Estates - - Front Page - Su­nil Tyagi

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.

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