Sir the affidavit need to be perused as husband has given her what kind of rights in affidavit based on which the property was transferred and registered in her name , further any action against the lady for property is barred by the limitation as almost 30 years on transfer.

See the property can be purchased but first the deed and the Affidavit need to be verified, further in my opinion since the deed is registered the title is clear and the share certificate is transferred it can be purchased.

if the recitals of the affidavit convey the property to the lady and then later it was registered then there shall be no problem.

1. Property Transfer based on any affidavit is legally null & void, more so in this case, when wife obtained divorce. Husband can challenge the said Gift Deed (which does not have his signature), in court, and the Gift Deed document shall be overturned.

2. The entire sequence of events smack of fraud and illegalities. Better to avoid such properties. HOWEVER, IF both the Husband & Wife sign on the Sale Deed with you, THEN the transaction shall be legal enough.

Keep Smiling .... Hemant Agarwal

As the title of property is already transfered and gift deed is duly registered, you can purchase property without any worry as her ex husband have never objected for the transaction. So now limitation period has ended.

1) You can purchase property as the gift deed was happened before divorce and secondly the property is registered now in court plus share certificate is on her name, so you can do this deal and take possession immediately for safety reasons your give advertisements in local news paper and outside of property also put advertisements that you are going to purchase this property if any body has any problem can contact you put time frame 3 months period.

1. Well, the sale deed does ot appear to be properly registered as no sale deed is possible to be registered without the presence and signature of the donor.

2. An old affidavit is not enough to register the sale deed subsequently on payment of stamp duty when the donee himself is absent.

3. i am not sure how the collector could make such deed registered but I can vouch for irregularity of this deed and it is recommended not to proceed with the purchase of this property.

Ex husband has no rights on the property

As per court orders registration of gift deed has been done on basis of affidavit executed by husband

No appeal filed against said order by the husband

Sir if the affidavit assigned her rights as GIFT and further right to register and execute a deed then it can be tarted as valid transfer further since it is registered and the transaction is barred by limitation for any challenge it would be safe to buy the property with the indemnity clause that in event there is any issue (legal) in the property the lady shall indemnify you. Further take the copy of affidavit and the collector order and registered deed to local advocate for perusal so that advice on title looking at the documents can be given.

As the deed is registered the son and husband has no right over the property,

Ex husband has no rights on property

2)once gift deed is executed child would ha e no share in property

3) consult a local lawyer before purchase of property

1. the gift in the first place is invalid

2. the gift deed has to be executed (signed) by the donor husband and also he has to admit his signature before the registrar at the time of registration

3. mere affidavit of husband is not sufficient to complete the transfer by gift to the woman

4. even the registrar had no power to register the gift deed based only on the affidavit signed by the husband

5. ideally the registrar ought to have insisted for the presence of the husband for confirming his signature on the gift deed or required his constituted attorney to admit the signature on behalf of the husband

6. as the gift deed in the first place was not signed by the husband, the gift itself is invalid and the society also could not issue share certificate to the lady

7. so where is the question of buying the property back from the lady?

Hi

No her husband don't have any right on the property.

Check the papers and if all are up to date then go ahead to purchase it.

Thank You

immovable property gets transferred unless the deed of transfer is duly executed and registered. An affidavit does not create any interest in it.

Hi

You may buy that property because balance of convenience goes in favour of wife and there would be no legal complications after buying property.

The affidavit is not a title document.

The registration of the affidavit even though the stamp duty is paid, may not confer the title to the proeprty on her name.

If her husband turns up after she selling the property seeking retrieval of the property stating that he has not executed a registered gift or settlement deed in her favor anytime, then the court would be inclined to pass a decree in his favor.

You may obtain a legal opinion from a local advocate and proceed.

Can a divorcee (remarried) sell husband's property on the base of affidavit from her ex-husband?

Sequence of the Scenario:

If this proeprty was transferred to her name by a registered deed by her husband then she is said to be the absolute owner of the property with clear and marketable title to the property.

Question: Shall I buy the property from the lady? Do her ex-husband has the rights on property active? What about the child who was minor at the time of separation and now Major residing with her who is never mentioned by her ex husband in affidavit? Child is However mentioned in the Divorce petition.

It is not advisable to buy the property on the basis of the given background details/information.

The child has no rights over the property during the lifetime of its father.

You may better obtain a proper legal opinion on this before proceeding.