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dev   31 December 2014

Urgent advice: buying a mortgaged flat

Learned member,

I seek your help and advice regarding a property transaction, details are below.

Elderly couple had joint ownership of a flat, husband passed away this year, widow stays in the flat currently.

couple has 2 kids, there is a outstanding loan on the property, society dues. there is a will notarized in favor of wife. i am wishing to buy this property and want to know steps for legal transfer of ownership.

1) Can 100% ownership of property be transferred to the wife? whats the process?

2) What paperwork is required from the legal heirs( kids) if any

3) seller is asking me to pay initial amout to them to pay off the loan, can i sign a legal document to protect my rights.?

 

thanks in advance for helping.

 

 



Learning

 5 Replies

Anil Upadhyay (Lawyer)     31 December 2014

Yes, you can proceed, but be sure about perusal of documents and proper paper work.

Anil Upadhyay (Lawyer)     31 December 2014

Proper agreement and see all the papers related to the Property before going ahead. 

advocateanilupadhyay@yahoo.com

9582645555

dev   31 December 2014

whats is the process for transfer property in wifes name officially?

Anil Upadhyay (Lawyer)     31 December 2014

Check the title of the paper through authorities and with the person to whom it is mortgaged.

Prepare agreement with lender in favour of the lady and also get NOC from legal heirs of property, if the property was self acquired by her husband than NOC not required, as will is been executed in her favour.

Prepare sell agreement with the seller in favour of your wife.and get it registered.

If property is in Delhi than you can approach us for further clarification.

advocateanilupadhyay@yahoo.com

9582645555

Jayashree Hariharan (Advocate)     31 December 2014

You can go ahead. Check with the bank about the nature and outstanding loan. Also take the signatures of the children as "consenting witnesses" on agreement to sell as well as sale deed, so that you will not face any problems later. 


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