PROPERTY MATTERS/LAW
mehul
(Querist) 21 February 2009
This query is : Resolved
Mr.X a Hindu individual and a bank employee purchased a piece of land in 1975 in with own source of income and later took housing loan form the bank he was working and built a house and the loan amount was deducted form his salary for 35 years. He was deceased in 1997 Instate leaving behind wife and 3 married daughters and 1 unmarried daughter.One of the daughter married intercaste with a Muslim. After Mr.X's was deceased his wife paid the balance and cleared the housing loan with the bank.
A legal heir suit was filed in the court and the court passed the decree stating the wife and 4 daughters as legal heirs of Mr.X.
Later they sold the house which Mr.X and built in 1975. Now they want to purchase a house.
Please enlighten on the following:
(1) The wife of Mr.X wants to register the new house in the name of all 5 legal heirs of Mr.X (i.e wife and 4 daughters) But it is not possible as 3 married daughters can not be present at the time of registration and Power of Attorney also cannot be obtained due to time factor and geographicals reasons. Is it possible to include the name of all legal heirs in the Sale deed at the time of registration and whether the Sub-Registar will register.
(2) Can she make a will and bequeath the share to al the 4 daughters.
(3) Whether in case later the daughters at a future date want to sell the house after the death of Mr. wife can they do it without legal problem ar again a succession/legal heir certificate has to be obtained by the daughters.
(4) Whether all above will be a legal accepted.As per Hindu law/Muslim law or other laws which affect the individual and legal heirs
(5) Please suggest best possible legal solution to benifit all
PALNITKAR V.V.
(Expert) 22 February 2009
Do you want to say that the wife and daughters want to sell the house to third person or she simply wants to enter the names of all the heirs including herself in the record of the property as owners.
Uma parameswaran
(Expert) 22 February 2009
1. My observation is that it is possible to include the name of all legal heirs in the sale deed.
2. She can make a will and bequeath the share to all the 4 daughters.
3. Legal heir certificate is needed.
4. It is legally acceptable.
4.My personal opinion is to buy the property in mothers name with the consent of other legal heirs.
sanjeev murthy desai
(Expert) 23 February 2009
dear Mehul
Is she paying a consideration amount which is sold the property of Mr. X to purchase new house?
All the legal heirs of Mr. X have equal rights in the consideration amount which sold by the property of Mr. X.
Before registration of new house, she should get a declaration from her children stating that they dont have any manner of rights claims against that consideration. Then she can purchase the new house in the name of herself. But it is not possible to purchase in the name of all the memmbers when they not present at the time of registration in the sub-Registrar office.
After she can execute a will in favour of all children. It is legally acceptable.
sanjeev desai
sanjeev murthy desai
(Expert) 23 February 2009
And cleary specify the parties are hindus/ musilms/ others. Because property devolving in hindus/ muslims/ others diferrent from each other.
With out specifying this you cant get perfect answer.
