• Property in the name of wife and husband

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?
Asked 5 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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18 Answers

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

If they had children than wife is not absolute owner and children can claim share on becoming major.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94731 Answers
7537 Consultations

5.0 on 5.0

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.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

If it's joint property then both have rights till one is dead or have relinquished his or her rights in the said property

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Dear Sir,

Up to 50% of wife it is ok. You must check legal heir deceased husband as per following rule of law.

===================================================================================

Section 8 of Hindu Schedule Act the wife is entitled as follows: 

====================================================================

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.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

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.

Shashidhar S. Sastry
Advocate, Bangalore
5117 Answers
314 Consultations

5.0 on 5.0

Hi, 

As per your inputs, you may proceed to buy the property. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You can check mutations papers from last 30 years if you have confusion and check for clear title of the property. 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Yes it is safe

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You may go ahead and purchase the same. Make a paper publication and invite objections from public for the said sale.

 

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

Whether the deceased executed any 'Will' in favour of his wife?. Are there any other legal heirs except his wife?

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

before finalized contact local property lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can buy the property as is been 13 years of sale and no legal issue occurred.

So you can proceed with the purchase without any hesitation.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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