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Flat sale agreement after death of one owner


02-Dec-2023 (In Property Law)
I am purchasing property which is in name of two people (Husband and wife). Husband died leaving behind 4 children and wife. Now we are entering into flat sale agreement with wife and 4 children party to it and confirming the full consideration will go to his mother. Is it a right way to do??.
Answers (2)

Answer #1
836 votes
as per you husband died....means 50% share holder died..now this 50% hs to transfer on legal heir...u hd not said whether the property is of mhada or private property...after transfering the same u can entered into new agreement for sale...if wife hs bn nominated for same transfer shd b on her name.
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Answer #2
934 votes
Hello,
Ideally if the wife is doing the transaction on behalf of everyone to have a proper title of the property you should make sure a release deed, is executed where the 4 children will release their share in 50% of fathers property unto their mothers name. Once she is the 100% owner she can execute a sale deed.
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