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Purchase property in Mira Road
25-Feb-2023 (In Property Law)
Planning to acquire a property in Mira Road. Current aggrement is in the name of Husband and Wife. Wife expired last year (2019) and the Husband is selling the flat. Husband and Wife have two children to them Son -20 years & daughter is a minor 6 years. HUSBAND has made two separate affidavit in the name of son and daughter on a stamp paper of 100rs where bother the legal heirs relinquish their share to Father making him sole owner to sell the flat. Society share certificate stands in Husband name only as of today. Please advise if this affidavit is enough if not what else is required
Son who is an adult can relinquish his rights but daughter who is a minor cannot on her own. She needs her legal guardian to do that. So who is her legal guardian at present ? Also the legal guardian will have to show that the said property was sold for the benefit of the minor. Let me know in case you need an in detail guidance on this issue. Thanks!
Helpful?
18+
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Adv. Priya Bhutada
Nashik | 50+ Answers
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This is my response to you:
1. No the affidavit is not enough;
2. The son has to relinquish his right via release deed;
3. The daughter has father as an natural guardia, therefore a notraised affidavit will do;
4. Consult a local lawyer and take steps.
Helpful?
10+
10+
Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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