Purchase of property from a widow
Hetul
(Querist) 08 June 2011
This query is : Resolved
I am trying to purchase a plot of land from a lady whose husband passed away 6 years back in a road accident without leaving behind a will. She has a son who is 16 years old now. The plot of land was solely in the name of the decreased husband, who has undergone a change of name (many years) after he bought this property. When I went to get a legal opinion about purchasing this property, I am getting contradictory opinions.
First legal expert whom I contacted in my town said that we need a succession certificate to establish that the lady is the sole owner and there are no other claimants for this. But I came to know that succession certificate is not applicable for immovable properties.
The second legal opinion I got said that since a minor is involved and there is no will, the minor has an interest in the property and the property can not be sold till he reaches the age of 18.
Please guide me what can be done in this case.
M/s. Y-not legal services
(Expert) 08 June 2011
Yes. You heard correct one only. i mean the second one is exactly correct.. If the property involve any minor share mean legally you have some problems for purchasing it. Even by doing any arrangement for minor's welfare you can purchase the property with court's permission.
PALNITKAR V.V.
(Expert) 09 June 2011
Mr. Tom is right. You can purchase it with Court's permission. There can not be succession certificate in respect of immovable property. But the lady can obtain heirship certificate. Of course, heirship is also not required legally for entering into sale transaction.
