Transfer of property
V.PAVAN KUMAR
(Querist) 20 February 2012
This query is : Resolved
Respected Sir,
One Mohd. Hussain had purchased House property in 1983 thru a Power of Attorney by paying Rs.31,000/-. He has two wifes & 4 brothers, 5 Sons. After few years, Mohd. Hussain died without any will or document. In 2007, 2nd wife of Mohd. Hussain gifted the said property to one their son and got it registered.
Under these circumstances, Can Mohd. Hussain's son sell the property to anybody?
He has taken EC for the period 2007 to 2012 and as per EC, the owner is Mohd. Hussain's son only.
What are the precautions to be taken by the purchaser to take this property?
With regards,
V.PAVAN KUMAR
M.Sheik Mohammed Ali
(Expert) 20 February 2012
if without will or settlement no one cannot sale without other legal heirs consent, so you can file a case for partition suit.
A V Vishal
(Expert) 20 February 2012
As per the latest SC judgement such sale by POA etc.....are not considered legal and don't confer right to the said Late Mohd Hussain.
Point two, the self acquired property will be distributed as per the prevalent succession laws.
Point three, the second wife does not have authority to transfer the entire property through gift deed.
If challenged in the court of law, the case favours all other claimants but not the son unto whose name the entire property is transferred.
Raja
(Expert) 20 February 2012
find before POA, what was the status, and how md. hussain purchased. get a search record first, then the points of law can be discussed. and second wife without the consent of others cannot gift. so consent of all is a vital point to be considered.
