India  |  Real Estate Law

Legal Question

Asked on: 7/26/13, 8:31 am

Hi, I have purchased a plot in Bangalore 2009.

I purchased by a widow, whose property was in her name. She has 2 children aged of 10 and 12 years. She purchased the property previously by non blood relative around 14 years back. She belongs to scheduled caste.

My question is her children did not sign on the sale deed which I have the originals. Will it be a legal problem, if I do not get signature of her children? In the sale deed it is written as she or her heirs or children do not have any share or rights in the property later on.

1 Answer


Answered on: 7/29/13, 7:40 am by Muhammed Rafeeque

Hi

It is not easy to advise without seeing the docs. If it is a self acquired property of your seller, normal case she can sell it. However if the property is an inherited one, the children may have rights in property.

Most important is that if children have rights in property, even if they sign, you can't buy the share of children. Being minors, it needs the permission of court.


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