vikas (Defence) 09 January 2013
I am in the process of purchasing a 2 BHK flat from a widow who is a co-owner in the agreement. It is also informed that she has 04 children, of of which 02 are minor. There exists no will in the case. I would request you all to help me with the details of the legalities involved and the documents to be checked before purchase of flat. Regards Vikas
Daksh (Student) 09 January 2013
Dear Vikas,
It is evident from your query that being a co owner with her deceased husband the wife is ipso facto has got 50% clear share in the property otherwise also the minor do have a share in the property which is clear from the list/schedule 1 with the Succession Act being the class 1 heirs. In all fairness to avoid complecations in future ask the lady to get a succession certificate from the competent court and then execute the conveyance for herself and by and on behalf of the minors and get the same registered accordingly.
Hope this clarifies the issue.
Thanks and best regards
Daksh
vikas (Defence) 10 January 2013
Dear Sir, Thank you very much for the timely reply. Further, I would also like to know the procedure for executing conveyance for herself and by and on behalf of minors and how much will be time period envisaged in the entire process ? Further, is it certain that after adopting the above procedures, the property so bought by me will not have any issues in case sold to the 3rd party in future. Thanx in advance for the timely reply. Regards
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