Ownership title


A Residential Apartment in Bangalore in the name of spouse was transferred to Husband based on Notarised Affidavit by all major children of Deceased Wife. Can the present Owner and Husband of Deceased sell it without involvement of the children.
 
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Advocate

The answer to your query is a BIG NO.  

Upon the death of the spose on whose name the property was, the same devolves (in the absence of any WILL) upon the legal heirs.  The legal heirs are husband and children.

The share of the children cannot be transferred in the name of the father (husband of the deceased) on the basis of a mere Notorised Affidavit.  Rather such transfer can be effected only by a REGISTERED RELINQUISHMENT DEED.

However, having not done so, the property can be sold, if all the three i.e the husband and all the children sign the SALE DEED.   In other words, the Sale will not be possible, without involvement of the children.

 
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FIN

'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/DRT matters and well versed with LOCAL applicable rules/laws 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.

 

The buyer may prefer to obtain proper legal opinion and may not agree.

 
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FIN

If deceased owner left a valid WILL, NOC by legal heirs may serve the purpose to act upon the WILL without any cloud on IT.

Some society may have provision for NOC ….in such matters and may also ask for other docs e.g; Indemnity etc

Check with LOCAL society office..

You may show the property related docs to a very able LOCAL counsel as suggested above well versed with LOCAL rules/laws for a considered opinion..

Otherwise registered deed say; relinquishment/gift deed is required..

 
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NO. you should get the relinquish deed from the children to the father .
Or
the father and the children should register the property .

see whether there's is any gifts or and will deeds are existing.

Get the legal opinion from the local advocate who is eminent in dealing with banks in property matters.
 
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LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

it is very nice quality in person but like to know how one can find ?

 
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