Dear Legal Advisors;
We are in the Process of buying a Piece of Agriculture Land Around Bangalore Karnataka. The Property papers(Pani) indicate 4 names of brothers who are willing to sell the property. Out of the four one brother has passed away about an year ago and the Khatha has not yet been changed to include the wifes(legal Heir) name.
Now without going in for a Registered agreement we are not willing to proceed forward with this purchase.
The seller has come up with a proposal that we could take a legal affidavit from the Deceased Brothers wife that she is willing to sell her portion of the property for the overall agreed rate and she has no objection to the sale.
Now my question is, is it adviceable to go in for a Registered sale agreement with three of the four Joint owners physically signing the agreement while the fourth owners legal heir gives a affidavit and signs the Agreement.
We are not in a position to take a decision since the agreement payment amount will be around 21Lakhs.
Your earliest advice will help us.