logo logo

I proposed to buy a house which is jointly owned by three persons. One of them died intestate in an accident. Certificate for death and legal heirship have been obtained. The legal heirs include wife, two minor children, father and mother of the deceased. I have entered into a sale agreement with  the two remaining joint owners and the legal heirs of the deceased. For the minor children, the wife of the deceased has signed as natural guardian. Are there any other precautionary measures to be taken by me? Please advise.

- by S.J. Pandian, Vannarpet

The natural guardian of the deceased has to obtain permission from the court for sale of the share of the minors. In addition to this, you must also be doubly sure of the ownership and marketable title of the vendors over the property under consideration.   

image

These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- We are three brothers. The youngest one ran away at the young age of 15 and there was no news about him for the last 14 years. We filed a police complaint and made all enquiries through available channels. During this period our parents passed away and we got the properties divided between the two of us. Now the brother has come back and he is claiming his share. Is there any way to solve this unexpected problem?

Q:- My father owns a property in Bangalore. If consists of ground floor only, we are two brothers and one sister. Property in question stands in the name of my father, which is self acquired. I have been granted a home loan to construct the first floor, my sister and brother wants to construct the second floor. But my father has refused to give no objection letter or even cede our proportionate share in the property. Please advice how to overcome this problem.

Q:- Can I make a joint will with my wife?

Q:- I had signed as witness to a Will of my friend, who expired recently. His legal heirs have approached the court and I have been summoned as a witness. Really I do not know the contents of the Will, but has seen my friend affixing his signature. Please advise what is my role?

Q:- I had signed as witness to a will of my friend, who expired recently. His legal heirs have approached the court and I have been summoned as a witness. Really I do not know the contents of the will, but has seen my friend affixing his signature. Please advise what is my role?