Purchasing property from husband of a deceased wife
Ajit Kumar
(Querist) 27 August 2019
This query is : Resolved
I am planning to purchase a house in bangalore, this property belongs to a women who expired last year, Now husband has changed the Katha (tax document in his name) and had paid tax for one financial year. They have 2 son one is 17 years old and the younger is 13 years old. All the documents seems to be fine, He has all the deeds original and the title looks clear and still in wife's name. Now my question is what is the procedure to purchase the property as minor sons also equally inherit in mothers property along with their father. How to purchase this property and what steps to be followed.
Dr J C Vashista
(Expert) 28 August 2019
The deceased titleholder has 3 LRs (husband and two sons), how can her husband sell out share of their sons ? Answer is NO.
Show the documents to a local prudent lawyer for better appreciation of facts, opinion and guidance before finalising the transaction.
P. Venu
(Expert) 28 August 2019
The property is jointly vested with the legal heirs of the deceased i.e. the husband and the children (and her mother, if alive). The father can execute the conveyance for himself and the children, as the minor guardian. However, they can repudiate the conveyance when they attain maturity unless the minors' share is transferred with the approval of the Court.
kavksatyanarayana
(Expert) 28 August 2019
Yes. I agreed with the advise of Mr. P.Venu ji.
Isaac Gabriel
(Expert) 30 October 2019
Sons are minors and entitled for equal share in the property.Yet, you can alienate the share pertaining yourself.
