Buy property from nri (joint name husband expired)

Dear querist,

1.      After death of husband, wife along with her two becomes legal heir. Share of late husband will devolve in wife, two sons in case husband died with any WILL.

2.      You need two sign relinquent/release deed from both the sons, or can make them consenting witness.

3.      You need to verify the original sale deed, and mutation papers.

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/consumer/DRT matters and well versed with LOCAL applicable rules/laws e.g; Urban Land Ceiling Act/ Corporation- Nagarpalika- MC rules/ Maharashtra Ownership Flats Act / Development Control Rules/ Non Agriculture permission Rules/ building bye laws/rules/ Regulatory Authortiy Rules, and well versed with provisons/precedences in criminal cases pertaining to breach of trust-contract/cheating etc   and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

Obtain proper written legal opinion on clear and marketable title, approvals etc!

Which personal law applies in your case ( for seller)?

Are all in the family of deceased seller; Hindu?

Has deceased left any valid WILL?

Is there any valid nomination made in said property?

Confirm!

Succession opens on date of death; by inheritance or by testamentary succession ( by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor. All legal heirs can/shold sign on sale deed.

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered  family settlement after the WILL and register it.
 

Check locally for compliance with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

 If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it is wrong since the WILL exists.

Check locally for compliance with procedure.

Ideally all legal heirs should sign on sale agreement and sale deed.

The valid PoA is another option.

Your own very able LOCAL counsel as already explained above can provide proper legal opion and help you further.

Thank you :)

Another issue that the flat comes with a separate closed garage for parking, but the seller has no paper proof to prove.

Society has confirmed that the garage does belong to the seller and is ready to give NOC.

Based on only this NOC, will I be able to transfer garage as well in my name?

Will I have to pay stamp duty/registration for garage as well?

Will it be a separate sale deed for garage or it will be part of the same sale deed as flat?

Will I be able to sell just the garage to other member of society in future? (1 such sale has already happened for another garage in the society)

Please help, urgent.

Seller is a Hindu family. Since husband is dead and now wife (who is 1st applicant in original sale deed with builder) and her 2 kids get 1 share each of the husband's share, how do we proceed?

Will Power of Attorney from 2 children be sufficient or should they also need to register Relinquishment Deed?

Thanks.