Purchase of Residential Property
Querist :
Anonymous
(Querist) 02 March 2011
This query is : Open
A widow owning a residential property purchased during 1980 died 3 months ago. She has 8 daughters and in her final will has nominated 3 daughters name. Now the daughter wanting to sell her mothers flat says that she has no flat purchase agreeement or evidence of Stamp Duty Payment or Registration deed of the flat. The Only document available is a Society Share certificate in the name of her late mother who is no longer alive.
In order to purchase such a flat kindly advice the steps to be taken and the procedures to be followed in order to avoid any future legal complications arising out of this flat purchase.
Have we to obtain the following
a) No objection certificate signed by all the 8 daughters.
b) Indemnity bond against any future claims arising on the said property.
c) No objection certificate from the Housing Society Chairman & Secretary where this residentail flat is located.
d) Advertisement in National Newspaper stating that this property is for sale andd for any claims, it must be made within next 15 days time.
e) If the stamp duty has not been paid by previous owner during flat purhase during 1980 then what is the liability on new purchaser in the absemnce of the purchase agreement.
f) Will the new purchase agreement need to be drawn with all the daughters have been named in the last will of the mother ?
g)Can the payment be made in the name of one daughter who is nominee in the will and allow it for distribution among all the 8 sisters ?
Request for valuable guidance on this subject.
