Purchase property issues
zaheerali
(Querist) 18 April 2015
This query is : Resolved
Hi
I am buying a property. It is in the name of father and son and father passed away
It is mhadas property so i wanted to know the procedure as to is it necessary that the son needs to delete his father's name from the property and take an allotment letter from mhada for that.and first name is sons name and there is one more concern that son is married however his relationship with his wife is not in good terms.so do we need wifes consent as well to buy property. His mother is giving consents . does wife consent is mandatory ...or if i buy flat without wife consent is it illegal and can mhada revoke transfer later on.pls reply ASAP...Thanks..
T. Kalaiselvan, Advocate
(Expert) 19 April 2015
Wife's consent is not necessary, however, besides mother other legal heirs, if any are to give a registered release deed in favor of the son relinquishing their rights in the property.
zaheerali
(Querist) 19 April 2015
Thanks ....
zaheerali
(Querist) 19 April 2015
He says there are no legal heirs ... But how can i trust him... Even i dont know they have filed divorce or not ??? How can i proceed in buying the property ??? Any lawyers if ull can suggest who can make legal pappers for me... I stay at patliputra Jogeshwari west ..mumbai...Thanks..
zaheerali
(Querist) 19 April 2015
He says there are no legal heirs ... But how can i trust him... Even i dont know they have filed divorce or not ??? How can i proceed in buying the property ??? Any lawyers if ull can suggest who can make legal pappers for me... I stay at patliputra Jogeshwari west ..mumbai...Thanks
Dr J C Vashista
(Expert) 19 April 2015
Despite the fact consent of wife is not required, she has neither any title, claim, or interest in the property, why are you so keen to buy such property?
Kumar Doab
(Expert) 19 April 2015
The succession/successors/legal heir of the deceased shall be decided as per personal laws applicable to the deceased owner e.g. Hindu,Muslim......and also if it was self acquired or ancestral.
Generically speaking the father's share shall devolve upon wife (mother) and son........
If wife (mother) is willing then she may relinquish her right/share by a registered deed in favor of son (other remaining legal heir(s).......).
Show all the property related documents to an able lawyer dealing in civil/family/property/revenue matters and obtain proper legal opinion before you enter into agreement to sell........
Your lawyer can draft the deed also to suit your interest and may prefer to insert recital of legal heir ship in the deed/agreement etc......
The lawyer may charge a fee but it shall be worth it.
Don't proceed without proper legal opinion even if the property is offered at a price lower than market value.
Remember that mhadas bye laws are not parallel route to succession.
T. Kalaiselvan, Advocate
(Expert) 29 April 2015
Alternately you may insist on legal heirship certificate issued by Revenue department or succession certificate by court or take a lawyer's opinion.
