(Querist) 10 July 2009
This query is : Resolved
A and B - husband wife purchased a land. The land was transferred to A and B as joint owners. But B had not signed in the relevant documents in the office o the Registrar. B is now expired. B knowing his condition of ill health had signed a blank stamp paper for use of the spouse/children for transfer of the aforesaid property. Now A wants to sell the property to give the proceeds to the Children. How to go about it? Can the property be sold without the signature of B who is no more. Or else can the stamp paper be converted into a Will towards transfer to one of the child or any one member of the family to facilitate sale of the said property? There is absolutely no dispute or difference relating to the property within the family.
(Expert) 10 July 2009
If B has not signed the purchase deed,then A can transfer theproperty as if he is absolute owner. He need not get a will prepared. That will amount to preparation of false document.
Even B is Joint Owner , B-One of the Joint Owners died , Legal heirs are her husband and children , there are no disputes with in the family , A as one of the Joint Owner and A and his children as legal heirs of other(late) Joint owner can sell the proerty .
Harinarayan R. Tripathi
(Expert) 11 July 2009
As per my view, I say that:- If I am not wrong I understand the word "the land was transferred to A and B" used by you, that A & B had jointly purchased the property as Purchaser, in that case, as per law, if the Vendor alone is executing the document in favour of the Purchasers then it is valid transfer in the eyes of law and accordingly B is inter alia validly entitled to the Property and her legal heirs are abosolutely inter alia possessed the title of the property and/or in its share.
(Querist) 11 July 2009
Thanks for Mr. Palnitkar, Mr.Rao and Mr. Tripathi for the advice.
The opinion of Mr. Palnitkar is convenient since children need not be involved.
If children are to be involved will they need a legal heir/succession cert? - a time consuming process! Besides one of the two children (daughter) is married and abroad. The other is the son and in India.
(Expert) 15 July 2009
No problem regarding the sale of property as it is self-acquired, moreover only A has signed on the sale deed and B is dead. All the relevant documents are in the name of A. so A is the sole and absolute owner.
Maybe as a precautionary measure, A can take no objection or affidavit from children. Actually not necessary.