Do previous owner have any child and mother alive at the time of sale. If yes than, dispute may arise.
If not than sale is clear.
Hi, I have looked for a property where in previous owner from whom current owner purchased a property husband demised. Property was in the name of Wife and Husband, husband died and property got sold by wife to Current owner 13years before and no issue till date. Current Owner is planning to sell the property. Is it safe to buy the property?
Do previous owner have any child and mother alive at the time of sale. If yes than, dispute may arise.
If not than sale is clear.
I checked Encumbrance and original papers all records are correct and only have confusion on this. As property was in both Wife and Husband name I believe wife has got all the rights to sell. Do I still need to check the heirs??
If they had children than wife is not absolute owner and children can claim share on becoming major.
1) Whether mother of husband was alive st time of her son death ?
2) If she had predeceased her son then wife on her husband demise can sell the property
3) i presume they do not have any children
4) contact a local lawyer
If the husband died intestate and wife got the property duly transferred to her name (Pouthi Katha) with the consent of other legal heirs, this would suffice. If not then how was the registration done by wife must be gotten verified by an advocate.
If it's joint property then both have rights till one is dead or have relinquished his or her rights in the said property
If the property was purchased by husband and wife in joint tenency then wife is fully entitled to sell the property.
If they both purchased it in tenents-in-commom then husband's share will pass on to his legal heirs in absence of any testamentary documents transferring his share in favour of his wife.
So check the sale deed for the type of joint ownership i.e. joint tenancy or tenents-in-commom.
Dear Sir,
Up to 50% of wife it is ok. You must check legal heir deceased husband as per following rule of law.
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Section 8 of Hindu Schedule Act the wife is entitled as follows:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
1. If at the time when the wife sod the property did not have any children born out of her deceased husband then the seller had clear tile to sell the property of her share and share of her demises husband as well,
2. However you should check the registration office to find out whether she has sold the same property before someone else.
3. So on the information provided by you it appears that you can purchase this property.
1. On the demise of husband, one has to check whether the husband died intestate or had left a WILL.
2. Assuming that the husband died intestate, then his share in the property would devolve equally to his mother (if alive), wife and children.
3. You have to get Family Tree of the previous owner, who sold the property to the current owner to findout if there were any other legal heir.
4. To be doubly sure, get the property papers verified by a Lawyer and get a proper legal opinion, before proceeding further.
You can check mutations papers from last 30 years if you have confusion and check for clear title of the property.
You may go ahead and purchase the same. Make a paper publication and invite objections from public for the said sale.
regards
The wife of the deceased cannot be considered as an absolute owner of the property which was jointly owned by both, she and her husband.
The other legal heirs of the deceased husband should have jointly sold the property or they should have relinquished their rights ion the property by a registered release deed, hence it is not advisable to buy this property if none of the above procedures had been followed by the previous owner while selling the property to the current owner.
The wife will not acquire the rights of her deceased husband in full upon his intestate death, his other legal heirs namely his mother and his children should have executed a registered release deed to her name after which she could have become an absolute owner with clear and marketable title.
In my opinion the current owner might not have confirmed this procedure, hence you dont do that mistake because the previous owners if they want to claim their share in the property, may file a partition suit anytime becasue it is not barred by limitation.
You may have to face litigation, expenses, waste of time etc if any such issue arises at a later stage.
You may get a legal opinion from a ;local lawyer before buying the property.
Whether the deceased executed any 'Will' in favour of his wife?. Are there any other legal heirs except his wife?