Legal Question in Real Estate Law in India
A wife sold her husband's self acquired property which was obtained by the will of her husband.
After the sale,some children demand some unreasonable money from her as the share.During registration of the sale deed, the children were absent.Now,what proof she can take from her children that they have received share as cash/DD?That proof must be in such a way that after receiving the payment,the children do not file a case against the buyer/her and they also must be liable along with their mother for all conditions of the earlier sale deed .Is notary signed document enough or should it also be registered?In such a document , does the amount value needs to be mentioned or just the word "correct share "is enough.(Please note that the government value is only mentioned in the sale deed)
2 Answers from Attorneys
no, notary signed document is not enough and a registered relinquishment deed is required.
children have no right in the property as on the basis of the will the same has been sold. If the children still persists. No need to pay them, if still persists than the certificate be got issued in the name of the buyer that they have received their share and confirms the sale
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