Property buying when original owner is no more
I am process of buying an Individual House in Bangalore, as per our discussions below are some info
1. Original owner was allotted land from CITB (BDA) and the property is within BBMP
(Municipal limits)
2. Original passed away in 2004, without a WILL apparently
3. Original owner has 3 children - 2 sons and a daughter
4. Original owner’s wife and daughter (unmarried) also passed away in 2018 and 2019
5. First son is married and has only son settled in USA along with mother
6. Second also not married
7. Property sale deed is in name of original owner
8. Khata or mutation is now transferred to 2 remaining sons.
9. Allotment letter, Original sale deed, Khata certificate, property tax receipt, encumbrance certificate, death certificate (owner, wife and daughter) are available
Query
1. The entire negotiation is fronted by a lawyer from the seller’s side (2 remaining sons) – and we have met only the first son briefly. So what are the safe guards we need to have
2. The lawyer is expecting the sale amount to be split to 3 equal half – among the 2 sons and grandson. Is this permissible – or even the amount split among 2 sons in 65-35 split? if yes any declaration required for same.
Thanks and Regards
VMS
Asked 3 years ago in Property Law
Religion: Hindu
Thanks all for your response.
Yes we will be seeking a legal opinion locally, however there were couple of contradicting advises which is why I have reached out here.
Probably I dint convey the family tree in the original post, i have tried to depict the same below. The concern we wanted to address is how we validate below
1. Check if the daughter was unmarried and has no legal hires
2. in case they insist on 65-35 split, then how the TDS should be paid and will the same clause included in the same sale deed.
3. Should the payment for Sale agreement also be in same proportion between 2 sons as the final payment?
Original Owner (passed away in 2004) --- Wife (passed away in 2019)
|
|
------ 1st Son (Retired in India) + Wife(settled in US)
| |
| ----- Grandson (Settled in US)
|
------ 2nd son (unmarried in india)
|
----- Daughter (unmarried and passed away in 2018)
Asked 3 years ago