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Saad (Manager)     23 December 2012

Joint property

 

Dear Experts,

I am planning to purchase an resale apartment in Bangalore Karnataka. The current owner of the flat had purchased this flat alomst an year ago and got the property registered on his and his wife's name at that time.

Now the wife has expired.

Can you please advice if in such case of a joint property where the wife is desceased, can the husband sell the property when the registration and ownership exists on the name of both husband and wife. 

Also please advice, in this scenario, what are the other legal documents I should look into and ask the owner to provide, to ensure that the property is correct and does not has any legal hassels, before purchasing

 

Many Thanks,

Saad

 


Learning

 2 Replies

Anish Thakur 7018812737 (advocate)     23 December 2012

after the death of co owner in this case the death of wife her share will go to her children or depending upon her will ,so contact them too and there consent is necessary

K. GOPALAKRISHNAN (ADVOCATE)     01 January 2013

Wife is entitled to 50% share in the property.  As the wife expired, the husband alone cannot convey the property.  the legal heirs of the wife i.e, the children of the couples have to join the conveyance.  Then it would be valid transfer.


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