chekka balaji 02 November 2017

Purchase of property from deceased persons wife,whose sons are in america and having no will.

Dear Sir, My self Balaji, planning to buy a property. Owner expired 2 years back. the property is still in the name of deceased person. He is having wife staying in Hyderabad and 2 children staying in America. The deceased person has not left any will. What are the legal requirements for purchasing the property. Kindly help to answer my query.

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3 Replies

sudalaimuthu (Advocate) 02 November 2017

Sir,
all the legal heirs of the original owner have to jointly execute a sale deed to you otherwise on the strength of Power of Attorney from other legal heirs/Sons in your case wife can execute the same.

chekka balaji 02 November 2017

Thank you sir for reply.

k.n.VIJAYAKUMAR 04 November 2017

Sir, a few more points. Pl find out wether this property is self earned of the deceased man.or this is inherited.

Next , this lady has to first get legar heir certificate from Villge officer/ revenue inspect/ Tasil dhar. this has be vetted by the local court.

Next you should either a power of attorney in favour of her mother to sell the property . If they are in USA , they have to get this done attested through the embassy of the country they are living., this power of attorney hasto be registered in the local register office , then only the document will get life.

better go thro a lawyer for the drafts, agreeemnets etc.,

vijayakumar

chennai