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can i buy house from the sons of the owner if he is dead
17-Mar-2023 (In Property Law)
the owner of the house m planning to buy has died. he has 4 sons out of which 2 elder sons are also dead. can i buy the house from the younger sons. i m planning to buy it through loan. can there be any problem and how can i buy it what all documents are needed?
Hi
since the owner of the house has died, his legal heirs are eligible to sell the flat.
Legal heirs of the deceased persons are his wife, his sons and daughters.
You say that his 2 elder sons died. Were they(elder sons) married and do they have children? if they were married and had children, then all of the legal heirs of the deceased sons should also sign the sale deed. if the children of the elder sons are minors, then you have to get the sale deed done with the permission of court.
So , first ask for the legal heir certificates of the owner and his deceased elder sons.
Since you are taking a bank loan, the bank lawyer himself will ask all of the above questions. so get prepared to get answers from the seller for all questions that the bank lawyer will ask. do not compromise on any thing without speaking to the banking lawyer.
since the owner of the house has died, his legal heirs are eligible to sell the flat.
Legal heirs of the deceased persons are his wife, his sons and daughters.
You say that his 2 elder sons died. Were they(elder sons) married and do they have children? if they were married and had children, then all of the legal heirs of the deceased sons should also sign the sale deed. if the children of the elder sons are minors, then you have to get the sale deed done with the permission of court.
So , first ask for the legal heir certificates of the owner and his deceased elder sons.
Since you are taking a bank loan, the bank lawyer himself will ask all of the above questions. so get prepared to get answers from the seller for all questions that the bank lawyer will ask. do not compromise on any thing without speaking to the banking lawyer.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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