PROPERTY PURCHASE
Querist :
Anonymous
(Querist) 07 December 2010
This query is : Resolved
Dear Experts, Please advise me for the following reasons;
My client who is interested in purchasing a property belongs to one Mr. XYZ, who is the father of Mr. ABC. ABC died in an accident six months back. ABC had a wife and even given no objection to Mr. XYZ with a notarized document that she is having no interest in the said property hence father in law (XYZ) can deal and sell the property as per his wish. Mr. XYZ is having two wife’s both have similar no objection and the same are endorsed in favor of Mr. XYZ. The said property was purchased by Mr. XYZ for his son Mr. ABC, loan repayment was paid by Mr. XYZ, and property was in the name of ABC, later it was transferred on to the name of Mr. XYZ. Hence Mr. XYZ decided to sell the said property to my client. My client wants ensure all possible legality with this transaction.
Please note: the wife is not traceable, no idea whether any issues are there or not. Mr. XYZ and his two wife’s are even willing to come forward for carrying out any formalities.
Therefore, what all necessary precaution do I need to take care for the interest of client?
THANK YOU SO MUCH
Devajyoti Barman
(Expert) 07 December 2010
The deeds of relinquishments need to be executed and registered by the heirs of abc.
Kirti Kar Tripathi
(Expert) 07 December 2010
yes, deeds of relinquishment is needed by legal heirs of abc.
Querist :
Anonymous
(Querist) 08 December 2010
Dear Experts,
Wife of ABC is not traceable, even the Mr. XYZ is not showing any interest when we have raised that we need the presence of ABC's wife for relinquishing her rights towards the right of heir ship as wife. Rest of all the efamily members as heirs are willing to execute and comply any other due procedures.
Hence, need a well compounded legality in proceeding further with the transaction.
Kindly advice
R.Ramachandran
(Expert) 08 December 2010
The property of ABC (deceased) will go to his Class-I legal heir i.e. his wife. Either Mr. XYZ, or XYZ's wives have no role to play.
Mere no objection from the wife of ABC is not enough. In fact the property now belongs to her being a legal heir of ABC. As such if at all, only she can sell. XYZ has no right whatsoever to sell the property. IN FACT ANY PURCHASER FROM XYZ, INSTEAD OF FROM ABC'S WIFE WILL HAVE TROUBLE.
M/s. Y-not legal services
(Expert) 08 December 2010
yes i agree with mr.ramachandran.. xyz may be purchased the property in the name of abc.. but now xyz have no rights on the said property..
