• Buying a property from widow of owner who has 4 children

Sir, 

Can you kindly give advice on the following:

Property which I want to buy has following lacunae:

Property is a CGEWHO flat in Kendriya Vihar, sector 82, noida. Property was handed over in 2004 and at that time registration was closed due to some legal issues. Registration opened in 2011, but the owner did not register it. Owner took loan of Rs.4.7 Lakh from vijaya Bank. He retired in 2007 and died in 2014. He was survived by wife, 2 sons and 2 daughters. 
CGEWHO has transferred the property in his wife's name and they have original allotment letter, possession letter and final call up letter with them, but original receipts of payments are not available.
Further, Noida Authority has transferred / mutated the property in the name of his wife. Now they will register the property in the name of widow of the owner and thereafter she will transfer the property in my name in kendriya vihar society, in noida authority and then make registered sale deed in my name.
(1) Kindly advice, what precautions should I take to buy the property.
(2) After registration of the property in the name of widow of the owner, whether their children have any right on the property.
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

Firslty, whenever we are going to buy any property we should inquire a little about the same.

Secondly, go to the registrar’s office, and inspect the records of the land as to the chain of all transaction with respect to the same property after paying nominal fee of some Rs.

Thirdly, as per discription of the property, it seems that it is self acquired property not the anscestral one where children can claim their right.

Fourhtly, but, still as the property was not Will to the wife which means children would also have right as their father died intestate (without a Will) and they have right as per Hindu Succession Act.

Fifthly, so please tell them to relinquish their right to their mother first only then you would buy the same otherwise even if they give the consent still they can deny the same in the future.

Rest you are free to ask anything over phone or email through Kanoon.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. Sir kindly get the title search of the property from a local advocate, further get an sale agreement done. Since the children are relinquishing there share take care that these deeds are registered and properly stamped(Stamp duty is paid). Further since there was a loan in property kindly check the certificate of loan for full payment of loan.

2. No the children wont have any right in the property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Its advisable to lodge FIR for lost original payment receipts and also issue public notice

2. Better you make children as conforming parties in the sale deed between the widow and you

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

on demise of husband widow and children have equal share in property

2) obtain consent of children for sale of property by mother

3) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

This is my reply to you:

1. It is better that you obtain NOC from the children;

2. Also take out advertisement in the newspaper inviting claim on the property;

3. Also make sure that the 7/12 extract of the land, the 8A form, title search report, if any dues are pending (therefore obtain no dues certificate), electricity and municipality bill are all paid, also there is no court proceeding going on w.r.t. the property;

4. Otherwise rest assured, you can go ahead with the purchase of the property.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear Client,

Wife is not sole owner of property, just 1/5th share and her children can challenge the sale and demand their share.

Take NCO from children

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Since this property was initially bought by her husband, upon his intestate death, the property shall devolve on all his legal heirs.

Therefore all the children along with their mother have to execute a registered sale deed.

You have to ensure the related documents are verified and are found to be correct.

You can have a legal opinion from a local lawyer before buying it.

Yes children have rights in their father's property.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

You should get NOC from all their children too as the children have a share in their father's self acquired property after his death without executing any will.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

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