Buying a death transferred property to nominee and nominee selling the flat
kaustubh
(Querist) 26 November 2014
This query is : Resolved
Dear team,
I am buying a property which owner is dead and flat is transferred to his wife who is nominee.
Now his wife is selling the flat
Wife has two children and has given power of attorney to elder son for carrying out resale process
2nd son is dead and has his wife and one son behind
Now as a buyer what documents are required to confirm that there are no legal heirs to claim this property other than above
Also to be on safer side what is to be done to have claim free property
What documents to be asked from seller so that there is no legal heir to claim this property with noc
ajay sethi
(Expert) 26 November 2014
nominee is only trustee for legal heir . wife has only 1/3rd share in said flat . deed of relinquishment has to be executed by other legal heirs
kaustubh
(Querist) 26 November 2014
Can a affidavit be attached with sale deed with noc of other legal heirs
Or confirming party agreement to be made with sale deed?
Sailesh Kumar Shah
(Expert) 26 November 2014
no affidavit neither confirming party would suffice.
all have to execute sale deed as the vendors.
kaustubh
(Querist) 26 November 2014
Dear Ajay sir / shailesh sir
Thanks for your expert opinions in very quick time
Thank you so much