My brother is currently evaluating purchase of a flat (3rd resale), the histroy of which goes like this-
The 1st owners of the flat were (1) Mother in law and (2) Daughter in law
Mother-in -law dies without having a nominee or a will.
Daughter-in-law gets notorized affidevits from the legal heirs, gives notice in local news paper on the same. Basis these documents the society makes Daughter in law sole owner of the property and transfers the shares in her sole name.
My question to you is - is this process adequate for getting the property shares transferred? Should the society not ask for legal heir/ succession certificate from the high-court or co-operative society court ?
Now the daughter-in-law sells the property to her son (for a nominal sum) from whom my brother is purchasing the property.
I wanted your views on the legal implications of the same.
Though the society share certificate has sole names of thedaughter in law and then her son on it, what if some one emerges as a legal heir of the mother in law who had died and who has not given affidevit?
What would you recommend.
