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
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 ??
As minor can’t sign agreement for sale then who would sign on his behalf ??
3. Can we ask for Society N.O.C. ( as commercial
property situated in a co-op hsg society ) before
Signing Agreement for
Share certificate mentions property transferred to
lady’s name ( no mention of minor son ).
4. Can we Enter into a Single Agreement 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 .
