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Need to draft a agreement for sale of the person died intestate
18-Oct-2023 (In Property Law)
Need to draft a agreement for sale .The property is of a person who died in died intestate without naming anyone for the claims of the property but had given 100% nomination in favour of the Transferor his wife from whom we are buying. The other legal i.e children has given POA in favour of their mother for sale of the property .
Question:-
Who will be the transferor only wife or all
How to draft the agreement .
You have to see whether POA is registered for allowing. mother alone to sell the property and sign on behalf of her children. And if you as a buyer is wanting to avail loan for purchase of the said property, succession or heirship certificate may be required of sellers.
Helpful?
Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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The Transferor will be the wife. Ideally she ought to have got a legal heirship certificate or letters of administration to perfect her title to the property. But since it will be time consuming, the agreement can be made with her as the party and make the children as confirming parties to the agreement. Also get a separate indemnity registered in which they Vendors will be Obligors and you will be the Obligee. In my opinion this should be sufficient to safeguard your interests.
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Adv. Rishikesh Gherade
Mumbai | 50+ Answers
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