Purchasing the house from family members
Pooja 12345
(Querist) 28 October 2015
This query is : Resolved
Sir/Madam,
My husbands father passed away years back leaving my husbands mother , brother,sister and my husband a house.
As my husbands brother has private loans from few people and he is not in a state to repay so I and my husband are purchasing the house by taking a housing loan(co-owner) to repay his loan.
Now my question is what all should we take care of (I mean documents) so that the house remains my husbands and after his death mine,and that we dont have further problems by my husband's mother , brother and sister and their kids.(All kids are minor)
kavksatyanarayana
(Expert) 28 October 2015
If your father-in-law died in intestate, all his legal heirs have equal rights over that property. Hence, all other legal heirs may execute a relinquishment deed or gift deed in favour of your husband for consideration. It requires stamp duty less than the sale. But if you want to add as anoher party, then you shall pay the stamp duty as a Sale.
Rajendra K Goyal
(Expert) 29 October 2015
Get a registered family settlement deed / relinquishment deed by other legal heirs executed.
K.S.Srinivas
(Expert) 29 October 2015
I agree with Sri avksatyanarayana.
Pooja 12345
(Querist) 30 October 2015
Thankyou everyone for your help.