Query regarding heir of property
I am planning to buy a property in a gated community through a re-seller. There were 4 owners for a part of the land of this gated community. The property I am interested in buying belongs to the same portion of land.
The sale deed for the above mentioned portion of land was signed in year 2003 in favor of the gated community developers. 3 out of 4 the owners have their signature on the sale deed. For the 4th owner, his wife (77 years old at the time of the sale deed) has signed the sale deed owing to owner's death prior to the sale deed. For all the 4 owners it was a self-acquired property.
I have the following queries:
1.) In case of death of owner of any self-acquired property who will be the natural heir of that property -- only spouse or both spouse and children or only children?
2.) If it's both spouse and children then what all documents I should have, in order to make sure that there will not be any dispute on the property in future?
Kindly reply to these queries. I will be really grateful.
Asked in Property Law from Bangalore, Karnataka
1. Spouse and children , if any.
2. Try ti find out whether the 4th owner had left children apart form his widow only as the children have share in the property as well.
1.If the owner of any self-acquired property dies without executing a 'WILL'(intestate), then both his wife and children will have equal share to the deceased person's property. In case the deceased person had executed a 'WILL', then the property would devolve to the beneficiaries as per the contents of the 'WILL'.
2.When both the spouse & children are successors to the deceased person's property, then all of them should have executed the sale deed in favour of the developers or there should be a release/relinquishment deed or Power of Attorney from other heirs for the property in favour of the person who has signed the sale deed.
Upon the intestate death of a person who owned a self acquired property, all his legal heirs are entitled to an equal share in his property. His spouse alone cannot execute a sale deed for the entire property, she can do so only to her share in the property. However she can execute the sale deed on behalf of other heirs if she was appointed as their lawful attorney through a GPA deed or if the other legal heirs relinquished their share of property by executing a registered release deed in her favor.
You have to first verify and confirm who are all the legal heirs to the deceased, what was their opinion to their mother executing the said sale deed, whether the other legal heirs have executed a release of gpa deed in her favor or whether they have atleast given a NOC to her act as a prelim step, whether the other legal heirs are ready to give an undertaking stating they hare aware of the said transaction and they will not claim their rights in the property anytime in the future and also they ratify their mother's execution of sale deed.
You may consult a local lawyer in person, discuss the issues on the above lines and proceed in the way found to be genuine and reliable as per law.
1) in case of death of husband his wife and children are legal heirs to property . in case of death of wife her children are legal heirs to property
2) obtain signature of all legal heirs on sale deed
1. Did the fourth owner make a POA in favour of his wife authorizing her to sign the sale deed after his demise? The execution of the sale deed by her is valid only if such authorization was given to her by her husband during his lifetime.
2. The spouse and children will succeed to the property after the demise of the owner.
3. The certification of mutation should be in favour of the heirs after the demise of the owner.
1) In case of death of owner of self acquired property and in absence of a Will (intestate), all her sons, daughters and wife will be legal heir equally and all of them has to obtain heirship certificate from the court.
2) You must check heirship certificate obtained from the court. You can also advertise in local daily.