• Title transfer

There is a property which is registered on a Husband and wife as vendees. I wish to purchase this property now but the husband passed away around 4 years back and has 1 son. I made a sale agreement with Wife as the vendor .. is it fine.. Do i need to put his son as vendor or as a witness would suffice.. what additional requirements would be there for a clear title transfer of the property..
Asked 2 years ago in Property Law
Religion: Hindu

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18 Answers

You have make make both if them as Vendor because son is legal heirs and got the property inherited from father. so in father's share all children will be legal heirs and mother as joint owner. so get all legal heirs name a Vendor.

Ganesh Kadam
Advocate, Pune
12638 Answers
205 Consultations

4.9 on 5.0

Has son executed gift deed or relinquishment deed for his share in property.?

 

2) if not first property should be mutated in name of wife  and son as legal heirs for husband share in property 

3) then they can execute sale deed in your favour 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

After demise of the husband his share goes to his legal heirs who are his widow and children and mother (if alive)

The wife has 50 percent share plus the share which she gets from the 50 % share of the husband 

The balance share is with the son

So if you want a clear title then both the wife and son should be vendors in the sale deed to be executed with you

I am assuming that the husband left behind only his widow and son as his legal heirs 

Yusuf Rampurawala
Advocate, Mumbai. E: adv.yusuf.rampurawala@gmail.com
7074 Answers
79 Consultations

5.0 on 5.0

1. Assuming that the husband died intestate, then the deceased husband's share in the property devolves equally to his mother ( if alive ), wife and children. In the instant case, the couple have only one son and no daughter.

2.  Hence, the Vendors are mother and son.

3.  While executing Sale Deed for the property in your favour, let the mother and the son be considered as Vendors.

Shashidhar S. Sastry
Advocate, Bangalore
4469 Answers
263 Consultations

5.0 on 5.0

Son have 25% share in the property. If he is major than will have to act as seller with mother. If below 18 years of age than court order will require to sell his share.

Mother of husband alive or not ? If alive than she also have share.

After confirming above, go ahead with purchase.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Client,

After death of the husband of the woman, ownership of the property goes in the name of children and wife. Hence you have to first get the property transferred in the name of wide and his son then you may purchase the property from both the parties.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

First of all you should obtain the death certificate of the decesed share holder of the property.

Then you may have to demand  the legal heirship certificate to confirm the list of  the legal heirs of the deceased. 

After that all the legal heirs have to execute the sale deed jointly in favor of the buyer.

This is procedure involved in this.

For other details and the proeprty documents, you may obtain a proper legal opiniuon from a local experienced lawyer  and proceed only if recommended.

 

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

You need to take a NOC from son

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can put him as vendor or a confirming party for better clarity

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

Since the husband has half share in the property on his death his half share gets devolved upon his wife and son equally. 

Therefore the son has got 1/3rd share in the property which can not be waived by his mother. 

In other words you need both of their signature as vendors and not as mere witnesses. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
416 Consultations

5.0 on 5.0

Husband's share in the property shall devolve to the widowed wife and all the childrens. If his mother alive she also get one share.

For Hindus all the class 1 heirs of Hindu male get one share each of his share in the property. Class 1 heirs are the widow, all children and mother of the deceased Hindu who died intestate.

Consent from all class1 heirs required. 

Mohammed Mujeeb
Advocate, Hyderabad
19036 Answers
32 Consultations

4.5 on 5.0

Please make his son as party in the agreement for relinquishing his rights over the property in view of the sale agreement or deed executed by them in your favour as per terms of payment and transfer of property from them to you.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. IF deceased husband had not executed his WILL document for his 50% share of the Property, THEN such property can be sold with mutual & joint signatures of Wife & Children who must compulsorily sign as "Confirming & Consenting Parties" on the new Sale Deed.  Son's sign as "Witness" is legally not tenable.

2. Alongwith above take a "irrevocable indemnity bond" from Wife & Children, to indemnify you against any & all legal disputes /claims /whatever.... 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. No it is not fine because son is also legal heir of his father and he can claim equal share from property of his father. 

2. The should either execute a settlement deed or both need to obtain legal heir certificate and execute sales deed. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The son has a share and he could create problems for you in the future. His consent is essential to this transaction. Rest is ok. Check if there are any encumbrances on the property.

Rahul Mishra
Advocate, Lucknow
13945 Answers
65 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested that in case the wife and son of the deceased person should be vendors in the proposed sale deed with you. 

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

- As per law, after the death of husband , his property would be devolved upon his wife and children , i.e. his wife and the said son.

- Hence both of them having equal ownership over the said property which you want to purchase. 

- Further , the sale deed should be executed by both of them , and mere a witness of the son is not enough , and in future the said son can claim his share legally. 

- Hence , in the sale deed both of them should be Vendor .

Mohammed Shahzad
Advocate, Delhi
10663 Answers
132 Consultations

5.0 on 5.0

You need to make the son as consenting party to the transaction.

On demise of father, the wife and children will get right in the property, as such, wife and son will become entitled to equal share from out of half share left by husband. 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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