Buying a property from divorced couple
Aziz Gangerdiwala
(Querist) 01 June 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
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.
T. Kalaiselvan, Advocate
(Expert) 01 June 2014
As advised by expert, you may pay the consideration amount to both separately and as per their terms. consult a local lawyer and take his advise before settlement.
ajay sethi
(Expert) 01 June 2014
both are co owners of the property . make cheque payment separately to both of them .
Devajyoti Barman
(Expert) 01 June 2014
Yes, I find no risk involved in buying a property from a divorced couple.
Advocate Bhartesh goyal
(Expert) 01 June 2014
Make sale consideration to both of them separately.No risk.Children can not claim as the property belongs to their parents and the same is being sold by their parents.