We are plan to buy a property where the sole owner of the property is died and he has his wife and 5 kids. one son and 4 daughters. we are going for Sale agreement now and they say that mother will do the sale agreement and Son will put the witness sign, whereas all the daughters will come on the day of Sale deed and will sign the witness. Could we proceed for that ? Kindly need your advise.
the owner of the property died intestate and hence the property belongs to 5 people. the property has to be transferred first to the mother and the 4 children would give a NOC. then the mother can transfer the property in your name. dont go for shortcuts as they may raise a challenge later.
regards
On demise of owner his wife and 5 kids are the legal heirs
2) for sale of minor share court permission woukd be required
3) if they are majors sale deed has to be signed by all legal heirs as sellers
4) their signature as mere witness woukd not suffice
1. It has to be ascertained as to whether the deceased owner of the property died intestate (without executing a WILL) or died testate ( after executing a WILL)?.
2. Assuming that the owner of the property died intestate, then for his self acquired property, his wife and 5 children, are entitled to equal share in the property, in the share of 1/6th each.
3. In this situation, you have to enter into Agreement of Sale with all the 6 legal heirs ( mother, 1 son and 4 daughters) as each one of them is Class 1 legal heir.
4. Getting the Sale Agreement signed only by the mother, at this stage, is not legally valid.
5. Son putting the witness signature, when he himself is one of the co-owners is not recommended.
6. If the mother signs the sale agreement, then prior to the sale agreement, all the remaining 5 children should have executed a registered Release/Relinquishment Deed in favour of their mother and then only the mother becomes the absolute owner of the property and then she alone can execute agreement of sale in favour of the buyer and her children can affix their signatures as witness/witnesses.
Thank you Sir, Yes all are Major, So we should have all of them as Sellers ? one daughter has died and she has two kids, both are major ? then should their names as well be in the Sale deed ?
All legal heirs should execute same deed as vendors
2) if daughter has died her kids should execute sale deed
All the children and mother has to sign the sale agreement as they all are co-owners in absence of there sign the agreement shall not be valid for there share. So either mother take GPA of all daughter and son and then sign or all of them sign.
Yes all of them shall be sellers. Of deceased daughter husband and kids will sign if husband is also not there then only kids will sign. Yes kids will be owner of there mother share.
q. Sale agreement must be done by all the co owners so they can become the joint vendors in the sale deed.
2. Do not wait till the execution of sale deed as there is no certainty that they would become its joint sellers.
3. If they do not join the sale agreement and the willing sellers do not proceed to sell the property, then you can file suit for specific performance of contract against all the co sharers.
4. So without all the five legal heirs jointly signing the sale agreement , do not proceed to purchase this property,
1. Since it is now learnt that one daughter is dead, then her share would devolve upon her widower husband and her 2 children.
2. Hence mother, 1 son, 3 daughters, deceased daughter's 2 children and the deceased daughter's widower husband have to be the sellers in the deal.
1)The property of an intestate shall be divided among the heirs in class 1 i.e Wife sons daughters and Deceased person Mother.
2) without consent of all legal heir class 1 you can not execute a sale deed.
3) for valid sale agreement all legal heirs consent needed.
Yes, Make all of them as party to sell to avoid any issues in future
1. Mother requires a Power of Attorney in her favour from all the other legal heirs i.e her children to be able to execute the agreement to sell.
2. The share of the dead daughter has devolved further on her legal heirs i.e husband and children. So they have to execute the POA in favour of the mother to execute the agreement to sell and also the sale deed.
Dear Sir,
Give as minimum as possible as advance sale amount. On the sale deed take the signatures of all the three daughters, son and major children of deceased daughter as consenting witnesses. Please get all the documents verified and cross verified with the originals. If you are taking landed property you must seek document verification from advocate compulsory. Avoid purchasing from sc/st candidates. The followings documents are required in house property.
A Sale Deed is the core legal document that acts as proof of sale and transfer of ownership of the property from the seller to the buyer. A Sale Deed has to be mandatorily registered. It is important that before the Sale Deed is executed one should execute the sale agreement and should check for compliance of various terms and conditions as agreed upon between the buyer and the seller. Before executing the Sale Deed, the buyer should check whether the property has a clear title. He/she should also confirm if the property is subject to any encumbrance charges.
* A seller should settle all the statutory payments such as property tax, cess, water charges, society charges, electricity charges, maintenance charges etc., (subject to the agreement) before executing the Sale Deed.
Mother Deed, also known as the parent document, is an important legal document that traces the origin/antecedent ownership of the property from the start (if the property has had various owners). It is a document that helps in the further sale of the property, thereby establishing the new ownership. In case of absence of the original Mother Deed, certified copies should be obtained from the registering authorities. Mother Deed includes the change in ownership of the property, be it through sale, partition, gift or inheritance. It is very important that the Mother Deed records the references to previous ownership in a sequence and should be continuous and unbroken. In case of a missing sequence, one should refer to the records from the registering offices, revenue records or the recitals (preamble) in other documents. The sequence should be updated until the current owner.
A building plan is sanctioned by the BDA (Bangalore Development Authority) or BBMP (Bruhat Bengaluru Mahanagara Palike) or BMRDA (Bangalore Metropolitan Region Development Authority) or BIAPPA (Bangalore International Airport Area Planning Authority) without which the construction of the building is illegal under the Karnataka Municipal Corporations (KMC) Act. A building owner has to get an approved plan from the jurisdictional Commissioner or an officer authorized by such Commissioner. However, the authorities sanction a building approval plan based on the zonal classification, road width, floor area ratio (FAR) and plot depth. A set of documents are required to be submitted by the owner in order to obtain a building approval plan. The documents include- Title Deed, property assessment extract, property PID number, city survey sketch (from the Department of Survey and Settlement and Land Records), up-to-date tax paid receipt, earlier sanctioned plans (if any), property drawings, 2 copies of demand drafts, foundation certificate (if any) and a land use certificate issued by the competent authority (viz., Dy. Commissioner). It is mandatory that the building owner hires a registered architect who will draw a plan meeting the applicable bye laws. One can get a building approval plan within 4-5 working days if all the requirements are met, via the newly invented BBMP software- Automated Building Approval Plan.
Dear Querist
It will be better for you that all the legal heirs of the deceased execute a relinquished Deed in Favor of the Widow/Mother and then based on that Deed you may execute the Sale Deed. Relinquished Deed should be registered. otherwise all should be the party of the agreement.
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Also take NOC from all the children or put the clause in sale deed
how will you ensure that apart from the widow and 5 children, the deceased owner had no other legal heirs?
either ask sellers to obtain letter of administration or get a public notice issued in 2 local newspapers informing that they are selling the property and invite objections against the sale
also take out a search report from registrar office to check if no third party rights are created prior to agreement with you
the legal heirs of deceased legal heir must also be made party in the sale agreement
1. It is not the proper way since all the sons and daughters are the joint owners of the property of the deceased person including his wife.
2. Either they can execute and register a POA in favour of their mother or all of then sign the sale agreement and sale deed as Vendors.
3. Make sure that non of the kids of the deceased person is a minor.
1. All the legal heirs of the deceased person should sign as vendors.
2. The legal heirs of the deceased daughter should sign for the sell of the sahere of the property inherited by their deceased mother.
If the property you are planning to buy is the self acquired property of the deceased person, then it is sufficient if his wife and children sign the sale deed as confirming parties on the date of registration of the sale deed. This is only as abundant precaution and not mandated by law.
The wife of the deceased alone is not the owner of the entire property, it devolves equally on all the legal heirs which include his 5 children.
They cannot just witness the sale deed, they have to jointly execute the registered sale deed in favor of the buyer.
Therefore you may insist on everyone to execute the sale deed jointly without which the sale deed is invalid.
The legal heirs of the deceased daughter are also required to execute the registered sale deed jointly along with other sellers.
Dear Sir,
To avoid issues signatures of all the daughters and son may be taken along with children of deceased daughter. They must be as consenting witnesses.
