Good morning, everyone! I intend to purchase a resale property from my wife's maternal uncle, who died as a result of the pandemic. Please respond to the following inquiry. 1. Uncle and his second wife bought this house together. 35 years ago, he divorced his first wife. However, the case was dismissed, and he never received a divorce. Now that the uncle is deceased, may the first wife or his only son claim the property? 2. Should I purchase this property and what will the consequences be if I do so? 3. If I decide to buy it, should I pay cash or take out a home loan to avoid any potential problems? 4. What documents should be moved to my second wife's name so that I can acquire a home with a clear title?
First wife and son would have one third share in deceased father 50 per cent share in property
2) don’t purchase the property
3) if you decide to pay ask sale deed be executed by the legal heirs of deceased and all payments should be by cheque only
4) on death of deceased father property should be mutated in name of legal heirs then only sold
1) If deceased uncle had not created any WILL or Gift deed then his first wife and son has respective share in that 50% or whatsoever sharing ratio had been mentioned at the time of sale deed purchased. Yes first wife and son can claim share in the property.
2) Check the property is free from all encumbrances.
3) Before buying do have search report of clear title. Initiay you can apply for bank loans.
4) Bank who will be providing home loan will able to tell you correct procedure according to their terms and conditions. Property papers, legal heirs certificate, property card that all legal heirs names are on mutation records. Latest property tax receipt.
1. His son can most definitely can. First wife can also claim, if the divorce proceedings never finally culminated into their legal separation. However, if your uncle during his lifetime executed a will in favour of his second wife, you’ve no legal hassle in buying this house from the second wife.
2. Purchase only after a due diligence on the above aspects.
3. Pay by cheque/DD. Take a loan if you’ve scarcity of finances.
4. Sale deed executed by all the legal heirs to this maternal uncle
Good morning, everyone! I intend to purchase a resale property from my wife's maternal uncle, who died as a result of the pandemic. Please respond to the following inquiry. 1. Uncle filed for divorce from his first wife 35 years ago. However, because his first wife never appeared in court, the matter was dropped, and he never received a divorce. In the last 35 years, they have never seen or met each other, and he is now deceased. Can his first wife or only son claim the property despite the fact that they have been separated for last 35 years. 2. Should I purchase this property and what will the consequences be if I do so? 3. If I decide to buy it, should I pay cash or take out a home loan to avoid any potential problems? 4. What terms and conditions should I negotiate in purchasing this property. Current market value of this property is 65 lakhs. So should I pay 50% of its market value and also what others terms should I discuss regarding the future disputes. 5. Can the first wife/son assert legal rights notwithstanding the fact that they have been separated for 35 years and and divorce was applied and also no one has seen them since that time? 6. The land was purchased in the names of second wife and uncle. His second wife invested the full sum in land and building, which was done in cash and with out the help of loans. Is it possible for the second wife to claim full legal ownership of this property? 7. Should the second wife approach the first wife for any kind of negotiation, and what may be the possible subjects to discuss?
1) Yes, here divorce is not happened, the case has been dismissed. So first wife and son can claim share in the deceased husband property.
2) You can purchase property if all legal heirs give signature on sale deed.
3) take home loan.
4) You should prepare strong sale deed which can save you in future.
5) These logic will not apply in the court. By default they are appearing in class I heirs list of the Succession Act.
6) Now, second wife has to check any sharing ratio was mentioned in the sale deed at the time of registration. Otherwise by default 50:50% sharing ratio will be applicable between husband and second wife. And husband's 50% share will get distributed between both the wife's in two parts. So the total sharing ratio second wife will have as of now 50%+25%=75% in the whole property.
7) If she want can approach to them for this procedure of legal heirs mutation paper. Otherwise in other way can remove husband name from property as he is no more provide death certificate and keep her name alone.
8) After six months removing husband name from property you can purchase it or register sale deed.
1. Since there is not divorce with the first wife, then she and her kids can claim a share in the property left by her husband limited to his 50 percent share only.
2. No suggested
3. Check title deed property
1) first wife and son have equal share in property
2) they can file suit to aside sale deed
3) pay by cheque
4) bank will not grant loan
5) second wife cannot claim full ownership
6) amicable settlement is best option
1. If the property was purchased by a registered sale deed having both your uncle and his second wife's name as buyers, then insofar as your deceased uncle's share in the property shall devolve equally on his first wife, his child born out of his first marriage and to the children of his second marriage.
His second wife should be contended to her share, by the virtue of the joint sale deed in the property alone, she cannot claim a share out of her husband's share in the property because even though she married him, her marriage with her husband was solemnised during the subsistence of his earlier marriage. As his divorce case was dismissed his first wife remains his legally wedded wife hence entitled to all the rights as his wife.
2. You can purchase the property only after all the legal heirs of the deceased execute the registered sale deed jointly in your favor.
3. The purchase is a purchase whether you buy it by cash or by taking a home loan. It will not make any difference if there is a legal dispute over this property.
4. You refer the matter before an experienced lawyer in the local who will guide you properly in furtherance based on the prevailing situation.
1. Yes, they are very well entitled to a share out of his share in the property since their marriage was not legally dissolved.
2. If all the legal disputes are sorted out then you can purchase the property.
3. The purchase is a purchase whether you buy it by cash or by taking a home loan. It will not make any difference if there is a legal dispute over this property.
4. You may first enter into a sale agreement executed jointly by all the legal heirs entitled to a share in the property with the terms and conditions that are mutually agreed between both the parties.
5. Yes, they are very well entitled to a share out of his share in the property since their marriage was not legally dissolved.
6. The second wife is entitled to her respective share by virtue of the joint sale deed insofar as her share in the property is concerned.
7. It is a matter of prevailing circumstances, which cannot be predicted by anyone sitting at a remote place.
1. Yes, they are very well entitled to a share out of his share in the property since their marriage was not legally dissolved.
2. If all the legal disputes are sorted out then you can purchase the property.
3. The purchase is a purchase whether you buy it by cash or by taking a home loan. It will not make any difference if there is a legal dispute over this property.
4. You may first enter into a sale agreement executed jointly by all the legal heirs entitled to a share in the property with the terms and conditions that are mutually agreed between both the parties.
5. Yes, they are very well entitled to a share out of his share in the property since their marriage was not legally dissolved.
6. The second wife is entitled to her respective share by virtue of the joint sale deed insofar as her share in the property is concerned.
7. It is a matter of prevailing circumstances, which cannot be predicted by anyone sitting at a remote place.
Dear Sir
If your wife's late uncle died without a will (intestate):
Seeing that your wife's uncle's first marriage was dissolved, he was legally married to his first wife till the time of his death, so she will have a share in the property.
Your wife's late uncle's son will have a share in his father's property irrespective of whether his parents were divorced or not.
If your wife's late uncle had written and registered a will before his death:
If he has left this property in question to his second wife in the will, then neither his first wife nor his son can claim any share in the property.
Therefore I would advise you to request to see the deceased man's will before purchasing the property.
If the second wife points out that there was no will and the uncle died intestate, you should buy the property only after the first wife and son legally surrender their rights over the mentioned property.
Thank you
1. Since divorce process was not completed by the uncle and his first wife, then it means legally they continued to live as husband and wife throughout their lives, though seperately.
2. The first wife and her son can claim their share in the property.
3. Before buying the property, obtain legal opinion from any Lawyer by showing the property documents and then only proceed.
4. Whether to take home loan or not is your decision.
5. Whatever points are needed for your safety, incorporate the same in Agreement of Sale.
6. First wife and son are entitled to share in the property and if it's difficult to trace them, publish a Public Notice in English and local language newspapers.
7. Since the property was purchased in the joint names of husband and second wife, the first wife and her son are entitled to a share only in the husband's share in the property.
8. The second wife can claim complete ownership of the property if first wife and son relinquish their share in the property in favour of the second wife by executing a registered Release Deed in the jurisdictional Sub Registrar's Office.
9. It's advisable for the second wife to approach the first wife and son and amicably settle the matter beneficial to each of them.
You need to deal with all legal heirs for the same. If the first wife is legal heir you need to take care of her too. Their children will also be legal heirs if any and can claim. You need to deal with all the said aspects first before buying the said property
