Husband - (Sale Deed in favour of him) • The property was under mortgaged to individual person for his medical treatment • Top of it again mortgaged to individual person for his medical treatment Once he dead, his wife settled all debuts and all receipts are registered as pe E.C The following are legal heir as per legal heir certificate 1. Wife 2. Elder Daughter 3. Younger Daughter The property parted by above 3 and 2 of her daughter’s were registered their portion to her mother as a settlement deed on 2018 So now mother is owning the property and now she is willing to sell only 1 ½ (one & half )property. Kindly requesting your kind legal opinion while registering as a sale deed in my name and do we require their daughter’s signatures as a witness, seems younger daughter unable to come for sign as a witness. P.S. someone was told that victim may have second wife which am not sure
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If the daughters have relinquished their rights in the property in favor of their mother by a registered deed, then ther is no necessity for them to sign again in the registered sale deed as a joint seller or even as an attesting witness to the registered sale deed being executed by the mother in your favor now.
You may always obtain a proper legal opinion from a local lawyer by producing the proeprty papers before him/her and then proceed if recommended.
Daughter signature is not required as witness
2) sale deed can be executed by mother as she is absolute owner of property
3) there should be indemnity clause in sale deed to indemnify purchaser against any claims made in respect of property
1. The daughters have alreay conveyed their shares of the property in favour of their mother.
2. So, the mother is now the sole title holder of the said property.
3. The mother can sell the property herself without the signature of her daughters.
4. Before buying the property, legal heir certificate of her husband can be obtained to be sure that there was no other legal heirs.
The following are my doubts When they did settlement & Sworn, one of her daughters got Married and younger one was major, is there any possibilities post sale deed, could she raise any legal action influenced by her husband. Legal Heir Certificate clearly stated only 3 persons (Mother & 2 Daughters) and E.C also clearly stated and their sworn also clear in agreement if the deceased person might have another wife then is there any possibilities to acquire another independent legal heir on their own?
Once settlement deed is executed duly stamped and registered daughters have no share in property
2) indemnity clause would protect your interest
3) you can insist that seller obtain LA from district court for property as her husband died intestate
4) daughters can execute consent affidavit
1. Her husband has no role to play here when she is still alive. She has already conveyed the title of her share in favour of her mother or which she can not reclaim it now.
2. When te legal heir certificate has clearly mentioned the names of the legal heirs of the deceased p[erson, then the wife of the deceased person is now the sole owner of the property after her daughters have conveyed their shares of the property in her favour.
3. The legal heir certificate did not show any other wife of the deceased person. So such assumption can not be based upon for taking decisions legally. However, personal search can be conducted in this regard to be very sure on the matter.
After settlement even if she raises then that will not stand in court. If that wife is not legitimate wife then no share
When it is settled in favour of mother then she is absolute owner and can bequeath to anyone. On safer side take a letter duly notarized by the missing daughter and other daughter as witness.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
What do you mean by settlement by them?
Did both the daughters executed a registered settlement deed in favor of their mother?
If they had transferred their rights by a registered deed in favor of their mother, they cannot reopen the case to claim any share in the property even out of their greed, it will not be maintainable in law.
If there is a clear reflection in the EC about the daughters relinquishment then you need not worry about it.
You may worry only about the present situation, do not stretch your imagination about the second wife of deceased, there wont be any end for the doubts that may arise in this manner, hence be confined to the present situation alone without extending your imaginary worries.
From the facts narrated here, it is understood that after the death of the husband, his two daughters as legal heirs relinquished their shares in favour of their mother (the wife of the deceased) by virtue of which she inherited the entire estate of the deceased. She now wishes to sell half of her share to you. As her daughters have already given up their shares to her legally, they need not attest the sale deed as witnesses now. Even assuming that the deceased person had a second wife, she cannot challenge the sale legally.
Dear client
If the settlement deed is registered in name of the mother with the consent of both daughters then you dont have to worry about the legal challenges as both the daughters were major at time of signing the deed.
And also your doubt about the second wife is just a thought and it can be further elaborated as if that second wife has kids then more legal heirs. OMG. So don't worry about this situation.
and if it was real then legal heir certificate was not issued only on name of wife and daughters as it is issued after the inquiry done by tehsildar office.
