Flat purchase
prakash
(Querist) 10 May 2016
This query is : Resolved
Sir,
I want to purchase a flat from a lady in pune. However, the agreement of the flat with the builder for a under construction flat was done by the husband and soon after that he expired. In the agreement copy name of the husband is there.Now for the transfer of property wife submitted the legal heirship certificate from court (75,000/- Bond) to the society. Then the builder issued the possession letter in the name of the wife. But now she (Wife) wants to sell out the flat on the basis of that legal heirship certificate. The lady has a minor son of nearly 14yrs old. The consent of minor son is necessary or not to sell out the flat.
Guest
(Expert) 10 May 2016
Please tell religion of that lady and minor son. So I will give you proper extract of relevant minors acts applicable to him (as per religion he follows) to you and proper procedure thereof under the said act.
Mother is natural guardian but without proper procedure transaction can not take place .
prakash
(Querist) 10 May 2016
thanks for the response. Their religion is Hindu. Kindly Guide me.
Guest
(Expert) 10 May 2016
First two Acts are applicable in this case generally
1) Hindu Minority and Guardianship Act, 1956
2) Guardians and Wards Act, 1890
In Short mother of minor son , require to file application under above two laws in Pune Court , asking for Court permission to sell the property in interest of minor son , showing financial requirement for of the son. For his over all development.
Once permission under relevant provision is granted then with permission of court mother can sell property of minor at minimum price fixed by Court + sale shall be made to the highest bidder by public auction before Court or Officer appointed by Court.
While doing registration etc. all relevant documents regarding permission required to be attached additional to standard documents and thus by law every one is safe including buyer.
Both act which I mentioned are very simple. So direct link I give you , just read imp. Section which I state or whole act once reading is also good
Hindu Minors and Guardianship Act - Sec 6 and 8
Guardians and Wards Act, 1890 --- Sec 31
http://www.ncpcr.gov.in/view_file.php?fid=423
http://www.childlineindia.org.in/CP-CR-Downloads/Guardians%20and%20Wards%20act%201890.pdf
Kumar Doab
(Expert) 10 May 2016
If mother of the deceased Hindu (husband) was dead, then ClassI legal heirs are ;Spouse,Children................and property shall devolve upon them.
Mother being natural guardian may sell by following due procedure.
prakash
(Querist) 11 May 2016
Sir,
The possession letter of the flat is in the name of wife but agreement is in the name of husband. When husband expired the society transferred it i the name of wife on the basis of legal heirship certificate (75000/- Bond).Does she become the absolute owner of the flat on the basis of legal heirship certificate? Can she now sell out the flat without the consent of the minor? Please reply me.
Guest
(Expert) 11 May 2016
Heirship Certificate is given under Bombay Regulation 1827. In that certificate son name must be present with wife (widow) , if it is absent then sure there is some illegality in it , or that heir ship certificate is obtained by misleading court.
If son name is not there on heir ship certificate then be sure some thing is not straight in the transaction.
Whether son was adopted after husband death ?
Guest
(Expert) 11 May 2016
Kumar Doab Sir as said
I feel better you once check all legal heir of husband in Class 1 some thing does not seems so straight . If son name is missing from heir ship certificate then other name under class 1 too can be missing, which can create problem in future
prakash
(Querist) 11 May 2016
Madhu Sir,
Thanks for the valuable guidance. But sir it is issued by the civil court on a 75000/ bond paper. However, name of son is not there. Only written that Mrs Y is formally recognized as the legal heir of deceased Mr X.
Guest
(Expert) 11 May 2016
Don't call me Sir myself student :P
People mislead court and get various favorable order and then cheat others .
This thing may be done intentionally or not intentionally . May be while applying for heirship certificate they may have thought if flat they have to sell then they have to take court permission etc. so to avoid it they may have done it. But it is illegal . Tomorrow when minor become major he can claim rights on property .
It is observed in some cases they are provoked or financed by people who did such transaction on behalf of minor .
Tell them to take necessary steps to rectify Heir ship certificate from Court by filling Review .
Follow proper procedure , Property is one time investment for 98% people in India, better be straight from first day.
Kumar Doab
(Expert) 11 May 2016
Concealment of facts from court amounts to fraud with court.
You are in any case aware that the deceased Hindu male has left wife and child(ren) and that they are Legal Heirs.
You need to take steps that safeguard your interest.
Guest
(Expert) 11 May 2016
Kumar Sir said correctly legally it can be termed
Heir ship certificate is obtained by misleading court which is taken as fraud with court.
People who don't have respect for judiciary or fear of judiciary they can do any thing .(Whether it is intentional or non intentional while doing review Court will pass appropriate order even against fraud done on court )
