D DSouza (MANAGER) 24 August 2010

Share of Husband after death of wife property in joint name

I am planning to purchase a property which is jointly (50:50) owned by a Hindu married couple ( Husband and wife). The wife has died two years ago however in the share certificate the name of the wife is not yet transferred to the husband and the share certificate reflects the name of both husband and wife.

As a purchaser of this property:-

What process i should follow to ensure that the title of the property is clear of any claims / legal issues etc?
What documentation does the seller has to perform to ensure that he does a clean sale to me?
What legal clauses i can put in the new purchase / sale agreement which i will be entering with him to ensure that this issue is taken care off?

your help is much appreciated..

Regards

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2 Replies

Bharatkumar (ADVOCATE ) 25 August 2010

U give a death certificate who is death in society thereafter society transfer the name in share certificate as per rules and regulation of the society.

R.Ranganathan (Advocate) 02 September 2010

Get the share certificate altered in the name of the husband by producing the death certificate of wife. Also find if any other legal heirs are entitled to her share in the property before purchasing the same.