Buying property of deceased from widow with minor kids

Querist : Anonymous (Querist) 22 November 2022 This query is : Resolved
I'm looking to purchase a residential plot whose owner passed away 18 months ago. As per the legal heir certificate, the deceased person left behind a 41-year-old wife and three small children (two boys and one girl, aged 16 yrs, 8 yrs. and 10 yrs. respectively). What precautions should I take right away while registering the property under my name in order to defend myself from any claims made against me in the future?

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When purchasing property from a deceased owner's widow who has minor children, it's essential to take specific legal precautions. Under Muslim law, the mother acts as a de facto guardian, meaning she cannot sell her children's share of the property without prior court permission. You must ensure the widow obtains this permission before proceeding with the sale to safeguard yourself against future claims.

Querist : Anonymous (Querist) 22 November 2022
Additional Information: The seller belongs to Muslim faith.

kavksatyanarayana (Expert) 22 November 2022
If the owner's plot is self-acquired you can buy that plot but that sale document shall be executed by the widow in her own capacity and as guardian of the minor children. If any disputes regarding the property or other heirs of the owner then you should obtain permission from the court.

Advocate Bhartesh goyal (Expert) 23 November 2022
Minor's share can not be sold by natural guardian without prior permission of court so seller ( mother ) has to first obtain permission from court to sell the property ( share ) of minor.

Dr J C Vashista (Expert) 23 November 2022
I concur the opinion and advise of experts Mr. Kavksatayanarayana and Mr. Bhartesh Goyal ji.

P. Venu (Expert) 27 November 2022
Under Muslim personal law, the mother is only the de facto guardian, not the legal guardian unless so appointed by the Court.

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