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Entered into agreement with seller but he died how can I purchase land


08-Jul-2023 (In Property Law)
i have entered into agreement of sale for purchase of plot in hyderabad with a person, who is the registered owner and gave entire sale consideration, prior to registering the sale deed, the vendor has died leaving behind his wife and 2 minor children. His wife says she is ready to execute sale deed. How shall i enter into binding agreement with minors ?
Answers (2)

Answer #1
977 votes
SIR,
your agreement of sale with that person registered or not. if it is registered you can enter in to the sale agreement with his wife by mentioning all the details of the previous transaction with that person in your document. any receipt of paying entire sale consideration to that person with his signature on that receipt will help you lot in future in case of any legal issues.
if it is not registered you ask wife of the person to transfer that plot in to your name by adding the names of the minors in the document and as a guardian she will execute the document at the register office.
Answer #2
837 votes
HI
The wife of the deceased person should approach the court and get court permission to sell the property as the property now belongs to the deceased person and 2 minor children.
if you are willing to take risk, then the wife can state that she is the mother and natural guardian of minor children and she is selling the property to you in her individual capacity and also on behalf of the minor children. she can also indemnify you(in the same sale deed) that in the event of the children becoming major, then she will undertake to get the sale deed ratified by the minor children at her cost failing which she will be responsible to settle the claim of the children in this property.
hope this helps.

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