Legal Question in Real Estate Law in India

Question:

I was planning to buy a property of a Widow who was having a 34 Yrs old Mentally retarded son. When i asked you suggestion, i got the following reply: "mother has to be first appointed as a guardian for the son. Once that is done, sale deed by mother would do the needful and there would be no risk from the son".

when we asked the property owner to do this, she said she is not inerested to come to court. because of which the property purchase is on hold.

Kindly suggest me what is the alternative.

Answer:

in this situation, once the son is retarded and mother is taking care of him, you need to check whether the mother is the absolute owner or its a joint property. in case it is a joint property, the consideration needs to be paid in favour of both, the mother and the son and in case mother is the absolute owner, you need to simply get the sale deed executed from the mother. however, the interest of retarded son needs to be protected and for that you should enquire the family understanding before executing the transaction.

Question:

The property is in the name of the husband ( who has died 6 months back).The legal hier certificate is having both monther and son's name. how to go about on this. can mother alone execute the sale deed.

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