opinion required
RM
(Querist) 19 January 2010
This query is : Resolved
An urgent Opinion is required ..
A person having a self – occupied commercial property in a regd co-op hsg society and was running a business from said property with all permits & licenses..
He dies without WILL . Wife and Minor Son have obtained Heirship Certificate from the Court of Civil Judge… wherein it is mentioned that , “ They have been recognized as heir of the deceased in respect of the commercial properties ”
Lady wants to sell the commercial property alongwith business rights ie. permits + licenses to me and my friend ..
My Queries are :-
1. Heirship Certificate issued mentions only about commercial property and nothing about deceased’s business permits + licenses.
Does this mean that wife & minor son can get permits + licenses transferred to their name( Without Will ) on basis of this heirship certificate ??
Can’t there be any claim from someone regarding business and does this heirship certificate should also mention about this business ??
2. As wife & minor son both are recognized as legal heir of property , they jointly held this property
Is consent of minor required to sell the property ?
If so can we ask the lady to produce Court Orders OR Court permission for sale of minor's property ??
3. Can we ask for Society N.O.C. ( as commercial property situated in a co-op hsg society ) before Signing Agreement for Sale… ??
Share certificate mentions property transferred to lady’s name ( no mention of minor son ).
4. Can we Enter into a Single Agreement for Sale for both property & business permits and licenses and pay stampduty .. or separate agreements for both
As we will pay individually and then later on transfer it to Partnership business .
Sri Vijayan.A
(Expert) 22 November 2010
1. Heirship certificate deals with the heirs of the deceased and not with the property
2.Court permission is needed.
3.Question not clear
4.Yes, single agreement for both properties is valid. But it should have clear terms and conditions.
There shall not be any ambiquity in this.
