Buying a property from divorced couple

Aziz Gangerdiwala (Querist) 30 May 2014 This query is : Resolved
Hi
I am planning to buy property which is jointly held by couple and are now divorced.
I am worried that after sale agreement is executed by me and couple would legal heir of couple can claim rights over property in future.
As a buyer what should be included in terms of sale and can legal heir have any claim in future. What laws govern this since i am a Muslim
Couple has bought property from builder and it is in pune
Pls advice
Thanks

Follow Query

Report Abuse

Devajyoti Barman (Expert) 30 May 2014
Disclose your identity.
Anonymous query is not replied here.

Rajendra K Goyal (Expert) 30 May 2014
Anonymous query.

ajay sethi (Expert) 30 May 2014
anonymous query

Guest (Expert) 30 May 2014
You should not hide your identity, if you really want help from experts.

Sankaranarayanan (Expert) 30 May 2014
Come with identity

Aziz Gangerdiwala (Querist) 01 June 2014
Have included my identity
Request your help
Thanks

prabhakar singh (Expert) 01 June 2014
You can buy subject to enquiry of encumbrances or charges on the property.
Consideration should be paid separately to them.
As flat is their individual property their children have no right in it.

Engage a property lawyer locally to do it formally.

Guest (Expert) 01 June 2014
Rightly advised by Shri Prabhakar Singh ji. Joint receipt for consideration amount can also do. If possible, also take witness on money receipt from someone else known to both of them.

Aziz Gangerdiwala (Querist) 01 June 2014
Thanks
If one of owner has executed a will against this property in the name of legal heir or somebody else and is not registered. If i pay the amount to joint owner as per agreed percentage would a will owner later file a suit against me for his share. Would it stand against court of law.

Kumar Doab (Expert) 01 June 2014
If you can post all queries in one post it is for your benefit.

The joint holder that has written a WILL should be asked to cancel it properly.

As advised by experts you should let your local lawyer handling property/revenue matters, advise and supervise your transaction.

Mahadeva Rao G (Expert) 23 June 2014
Hi, if the property is self acquired or jointly owned then there is no need to worry about any legal heirs. However if one of the party concerned has executed a WILL, then WILL needs to be cancelled legally. Ensure if the couple have any major-children & get their signature as consenting witness along with the signature of the beneficiary-person if the such beneficiary is 3rd party. Finally make sure that the WILL executed is not in any MINOR child's name.....

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries