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Buying property from spouse of deceased person
30-Aug-2023 (In Property Law)
Hello Sir I am in planning to buy a flat from a lady having husband died and the registration of flat is in name of husband. Lady has transferred property details on her name in society of the building. She will be providing NOC from her Son and daughter. Kindly advice if I need to ensure any other legal formalities to ensure complete and correct transfer of property and also there will be no issues in future related to this property.
Ideally the wife and children ought to have obtained letters of administration and/or probate (if husband died with WILL). However, in given circumstances, if the kids are adults (above 18) you should make them as confirming party in the agreement for sale.
Hope above helps.
Hope above helps.
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Adv. Jairam Chandnani
Mumbai | 100+ Answers
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u desires to search report first of abovesaid property belonging u purchase.
then all documents clear
i.e. property card, tax, noc of competent authority , sanction map, Regularization letter.
his son and daughter in case major then they r original vendor
or both r minor then spouse of his legal guardian sign again of those document of deed.
consult advocate
then all documents clear
i.e. property card, tax, noc of competent authority , sanction map, Regularization letter.
his son and daughter in case major then they r original vendor
or both r minor then spouse of his legal guardian sign again of those document of deed.
consult advocate
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Adv. Nilesh Y Thengre
Nagpur | 100+ Answers
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You need to make party to the sale deed of all the legal heirs of deceased person. NOC would not give you perfect title. Because irrespective of the flat being transferred in society records still the other legal heirs are co-owners presuming no will was made.
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