Esteemed Lawyers - we can use this thread to master the common scenario. Please share thoughts
Scenario: Hindu husband dies intestate (no will), leaving ownership flat in CHS, survived by mother, 1 wife, 2 sons of which 1 is abroad. Wife was nominee on share certificate, chs transferred flat in her name, explaining she's merely trustee, not 100% legal owner and shares ownership with other legal heirs (mother, 2 sons)
Hindu law explains mother, wife and 2 sons each have 1/4th legal ownership in flat, and will get 25% from sale proceeds.
Money solution - which is most secure?
1: Wife gets 100% consideration which she later divides among legal heirs per their private agreement.
2: Buyers gives 25% separate payment to each legal heir
Sale deed solution - which makes for tightest agreement for buyer?
1: Wife signs sale deed, along with mother and 2 sons as joint-transferors.
2: Wife signs sale deed. Mother, and 2 sons sign as confirming parties
3: Wife signs sale deed. Son abroad gives POA to his mother/brother, who make an additional signature on brother's behalf
4: Wife signs sale deed, mother, 2 sons, give NOC. This feels week, and might not defend future litigation from legal heir
Thanks for your time to this
