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divya p   05 April 2023

Legal opinion for property purchase in bangalore

We wanted to purchase Property in Bangalore(Hindu to another Hindu). Husband and wife jointly held the property which was self acquired.
1.Husband expired and wife was taking care of the property.
2.Couple had a son and daughter both married.
3.Son also expired and is married to 2 wives and has children.
4.Daughter also is married and has children
5. After son's demise mother made gift deed in daughters name.
6.Now both Mother and daughter are ready to sell the property to us.

Can we purchase without any issue from son's wife/children side?



Learning

 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     05 April 2023

As the wife and husband jointly purchase the property, and hence the share of the late husband goes to all the legal heirs including the son's wedded wife and his children.  So they must sign in the document.

Dr J C Vashista (Advocate)     06 April 2023

Share of deceased father shall devolve upon his LRs equally, including widow (mother).

The sole (first) wife of deceased son and all their children  shall have share of son. Second wife of Hindu son is illegal and has no right in her husband's (son) share.

Mother is stated to have gifted her share to daughter so she will be out of property.

What is your concern / dispute / locus standi ?

Contact and consult a local prudent lawyer with relevant records for proper appreciation of facts / documents and professional advise, if there is some truth in the story.

Prima facie it is a time pass query.

N.K.Assumi (Advocate)     06 April 2023

Engage an advocate and obtain his Escrow report. before completing the Sale Deed.

T. Kalaiselvan, Advocate (Advocate)     07 April 2023

The legal heirs of the deceased son are entitled to the deceased son's share out of his deceased father's share in that property.

Therefore the mother cannot become an absolute owner of the entire property hence she cannot transfer  the entire property in favor of her daughter.

The legal heirs of the deceased son can rightfully  claim a share as a right.


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