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Prashant (     06 March 2011

Wife selling propert after husband's death


I am planning to purchase a property whose owner has expired in 2008. The husband died two years ago. The share certificates have not yet been issued by the society. 

Wife had submitted all documents to the bulider(Will, Death Certificate, original Sale deed etc). Builder has writted on the same that the title, right etc wrt to the property have been transferred to the wife. Though all documents given to me do not show any registered transfer document in wife's name..

As a purchaser of this property:-

  1. What process i should follow to ensure that the title of the property is clear of any claims / legal issues etc?
  2. What documentation does the seller has to perform to ensure that he does a clean sale to me?
  3. 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?


 2 Replies

K S Narayana Rao (District Registrar)     06 March 2011

If she is a hindu have no children she is competent to transfer the property.  If children there they also to be included to the document.  In the document source of rights acquired have to be described.  An advitesiment by your lawer in any news paper publication calling objections may be published.

Prashant (     07 March 2011

1. I would like to highlight that wife has one surviving minor daughter as on date.

2. The Society has not yet issued share certificate in any names as the society is new.

Pls guide on the procedure..

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