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Nitin (Vice President -Administration & Infrastructure)     22 June 2014

Right of brother & mother on property

I have shortlisted a flat ( flat no 1) for purchase.The flat was owned in joint ownership by Father as 1st owner and elder son as joint (2nd) owner.The father died a year back and the share certificate has been transferred in the name of son who was 2nd name owner of the flat.

The brother of the seller ( elder son)  and his mother also owns a flat ( flat no 2) adjucent to the above(flat no 1)  flat where Mother is a 1st owner and 2nd son as 2nd owner.

My question is ,whether Mother and 2nd Son ( owner of flat no 2) have any right over flat no 1 which  i intend to buy from elder son and whether any indemnity is required to be taken from Mother & 2nd son confirming that they have no claim over the flat no 1 which is being sold.

Is document need to be registered or can be drafted on stamp paper.



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 June 2014

As the flat was jointly owned by the father and elder son. The share of the father shall devolve upon his heirs which would include the mother and brother of the seller. The other heirs should execute a registered relinquishment deed in favor of the elder son so that he can sell the property.

Kumar Doab (FIN)     22 June 2014

Agreed with Ms.Archana.

Defend your interest.

If the seller is not agreeable don't buy till your interest is fully defended.


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