mehul (business) 21 February 2009

PROPERTY MATTERS/LAW

Mr.X a Hindu individual and a bank employee purchased a piece of land in 1975 in with

own source of income and later took housing loan form the bank he was working and built

a house and the loan amount was deducted form his salary for 35 years. He was deceased in 1997 Instate leaving behind wife and 3 married daughters and 1 unmarried daughter.One of the daughter married intercaste with a Muslim. After Mr.X's was deceased his wife paid the balance and cleared the housing loan with the bank.

A legal heir suit was filed in the court and the court passed the decree stating the wife and

4 daughters as legal heirs of Mr.X.

Later they sold the house which Mr.X and built in 1975. Now they want to purchase a house.

Please enlighten on the following:

(1) The wife of Mr.X wants to register the new house in the name of all 5 legal heirs of Mr.X (i.e wife and 4 daughters) But it is not possible as 3 married daughters can not be present at the time of registration and Power of Attorney also cannot be obtained due to time factor and geographicals reasons. Is it possible to include the name of all legal heirs in the Sale deed at the time of registration and whether the Sub-Registar will register.

(2) Can she make a will and bequeath the share to al the 4 daughters.

(3) Whether in case later the daughters at a future date want to sell the house after the death of Mr. wife can they do it without legal problem ar again a succession/legal heir certificate has to be obtained by the daughters.

(4) Whether all above will be a legal accepted.As per Hindu law/Muslim law or other laws which affect the individual and legal heirs

(5) Please suggest best possible legal solution to benifit all

Reply Follow

5 Replies

Jithendra.H.J (Lawyer) 21 February 2009

better get it registered in the name of the wife, and add an averment in the sale deed about the source of money, the newly purchased house will be having the nature of ancestral property, all the four daughters will be having right over the poprty, after the death of the wife, the daughters can sell jointly, and share the consideration amount.

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com) 07 March 2009

1st give gift of money , by transferring in wife account

then wife purchase the house

and simultanously make WILL to give equally to 4daughters.

Y V Vishweshwar Rao (Advocate ) 11 March 2009

The House can be purchased in the name of Wife and daughters by showing their names as purchasers and the source to purchae the Hosue .If all the purchasers are not available at the tiem of Registration of Sale deed , the purchaser/s can be represented by Special power to acts as agnet before the Sub Registrar and in case the GPA is also not possible it is sufficient to mention the only name fo Wife as purchaser/s for herslef and for her all Daughters as Joint Proeprty in the name of Wife

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com) 11 March 2009

I AM NOT AGREE WITH RAO opinion. wihtout purchaser execution and registering document , name cn,t be added , atleast in mumbai.

i confirm to my earlier view.

Anil Agrawal (Retired) 13 March 2009

Is a daughter entitled to a share in the dwelling house of her late father? I am not so sure. Even after amendment to Hindu Succession Act, a married daughter gets her share if she gets married after the amendment came into force.