Legal Question in Real Estate Law in India

Purchase of flat

Dear Team,

What are the precaution I need to take to buy flat of Mr.A

Mr.A & Mr. B are the Co �owner of Flat

Mr.A has Expired 4 years back

Mr. B has given power of attorney and affidavit to Mr.C

Mr.C / is the will owner for all the movable and immovable property of Mr.A(but this flat is not specifically mentioned) will is not registered

Mr.D and Mr.E are the co-will owner

But Mr D and Mr. E has given all powers to Mr.C

Document in Society

First agreement between owner and builder

Share certificate is in the name of Mr.A

Maintainence and Dues are all clear

No Register document was submitted in society even after society reminder letter.

But society is willing to transfer the flat in name of Mr.A only after public notice

Once the society transfer the flat what are the document I should ask for from Mr.A

So that in future if I want to sell the flat legal problem should not come up

Thanks


Asked on 3/19/09, 5:44 am

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Purchase of flat

All documents as per law should be taken.

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Answered on 3/21/09, 2:23 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Purchase of flat

It may be risky to buy property of a deceased without probate of the WILL. You may advise the beneficiaries under the WILL to seek probate and get A's share transferred in their name before you buy the same.

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Answered on 3/19/09, 7:17 am


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