Can husband sell wife's property after wife's death
In Bangalore city, I am planning to purchase property from Person A. In fact the property is on the name of wife of person A. But wife of person A is not alive (unexpected death without writing a WILL). Person A having 2 minor children.now my question is, what are the steps to be taken that person A has to sell the property without any objection from that minor children?
Asked 4 years ago in Property Law from Bangalore, Karnataka
has A obtained succession certificate from court ? has mutation of property been done in name of legal heirs ? please also verify whether all original documents are in possession of A . whether all society , property tax dues have been cleared .
for sale of property in name of minors you need court permission to sell the property . contact a local lawyer .
You can purchased the property from husband...... in the sale deed you can also mention minor children represented by father and natural guardian and you can also a add a clause that "for legal necessity and for the welfare of the children and for money needed for education expenses of the children" you can purchase the property from the husband.
if you are purchasing the property from the husband of Person A, then in your sale deed recitals there must be that the sale deed is for the legal and family necessity and also in the interest of the minor children.
if you want the sale deed to be drafted in accordance with law, then you can consult us
It needs to be ascertained if the property has been got mutated by this man in his name subsequent to the death of his wife. In addition to this it needs to be seen whether the succession certificate has been obtained and the ownership transfer in municipal and revenue records has taken place or not. In order to ascertain all this it is strongly recommended that you take the assistance of a local lawyer.
You need proper documentation for reflecting the husband as owner of the property and his right to sell. Process the entire documents before you purchase the property.