sanjay (other) 08 March 2011

Wife selling Plot after Husbands death

Husband aged 80 Expired in 2008 and all children gave power in the from of notary to Mother (wife of deseased) and transfered katha in her name. now wife wants to sell the property (empty plot) and my cousing is planning to buy this property.

But the property is still in Husband's name as per the EC bcos only Katha is transferred in her name.

documents furnished mother deep, Orginal sale deed, katha, uptodate katha and EC.

all children are agreed to this. is this sufficeint or are there be any documents missing in this as per the legality.

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6 Replies

Kirti Kar Tripathi (lawyer) 08 March 2011

Rights of a person in ant property can not be transerred through a noterial power . Unless transer either by way of relinquishment or gift or otherwise is not registered. She is not absolute owner of the property. In case any person wants to purchase any such property, it is better to get consant and signature of all the legal heirs of deceased in the registered deed.

shailesh (technical associate) 08 March 2011

hi kirti sir,

Please reply of my problem

1. Mr X purchased a land in 1952 in Delhi.Mr. X is have 2 sons and 2 Daughters I.e. Elder Son A Younger Son B Elder Daughter A Younger Daughter B
2. Before 1965 Mr X was living with Younger Son B.
3. In 1965, Elder Son A came to Delhi because he was suffering from Cancer. He was having 2 Legal Heirs i.e. Elder Daughter AD and Elder Son AS. Elder Son A Started Living in the 1/3 of the Property
4. In 1967, Mr. X done a Registered Will in the Name of his Wife Mrs Y. in WILL, he stated that after my death the whole property will belong to her and if she wants she can give the Property to Legal Heirs
5. In 1968, Elder Son A died as he as suffering from Cancer and Mrs Y(Wife of Mr X and) died.
6. In 1969, Mr. X done a another Registered Will invoking the Previous WILL which States that A. Whole Property Owner is Younger Son B B. Legal Heirs and Wife of late Elder Son A will be living as License in 1/3 of Possession and Can be Evicted anytime by younger Son B. Younger Son B was treated as Licensor and Owner in WILL
7. In 1971, Mr. X died. Legal Heirs of Elder Son A i.e. Mr AD has taken the possession(Started Living) in 1/2 of the property. Then There was Oral Family Settlement that Property is divided into Equal Part between Mr. AD and Mr. X . No Written Document was made.
8. In 1977, Elder Daughter A and Younger Daughter B(Other 2 Legal Heirs of Mr X) done a Registered Relinquishment Deed in the name of Mr AD and Younger Son B giving there Whole Ownership Equally To Them.
9. Younger Son B is having 4 Legal Heirs (Elder Daughter BD1, Elder Daughter BD2 , Elder Son BS1, Elder Son BS2) 10. In 1994, Younger Son B died.
11. In 1997, Legal Heirs and Wife of Younger Son B has done there Own Relinquishment Deed giving the property half/half to Elder Son BS1, Elder Son BS2 and also stated that they are having the possession of the Property. But they are actually having possession of half of the Property
12. Mr. AD has done the Mutation of Half Property in his name since 1998 and paying the Electricity, Property Bills from Many Years.
13. Also Mr. AD has Revamped(Re-Structure) the home in his Half around 2002.

Can anybody tell me being a legal Heir of Younger Son B how I can get a title of whole property i.e. including the share of Mr AD and how I can evict Mr AD and his family.