Community › Forums › Legal Advice India › Buying property from a Divorcing Couple divorcee
- This topic has 9 replies, 6 voices, and was last updated 1 year, 5 months ago by
User_9b230f5c.
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UUser_72a7caec
PARTICIPANT
January 16, 2025 at 5:54 pmHello Experts,Core Issue – I have zeroed in on a flat (really really liked it) in a gated society of a reputed builder.
While doing final discussion for Token amount and Purchase price, seller revealed that she is divorced. Post Marriage, both husband and wife jointly bought this property, then a year late had a divorce and since wife was more contributing in Emi’s, she bought the 50% share of husband via Gift Deed and later had made new agreement of the house in her name.
Other information – Seller now lives with her parents and is in plans to move to abroad for further education..
Question – I am just getting doubtful now if there can be issues later. What kind of checks I should do before going ahead? What can I do to mitigate any potential future issues if her ex-husband comes to claim or does create a scene for claim.
Thanks in advance for your help!
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UUser_49cafa42
PARTICIPANT
January 16, 2025 at 6:07 pmDonβt. Unless you meet both the parties and have in it written. You never know when things change in this situation. -
UUser_9b230f5c
PARTICIPANT
January 16, 2025 at 6:58 pmGet a title certificate where do you stay -
UUser_9b230f5c
PARTICIPANT
January 16, 2025 at 6:59 pmThere is something called property record with the revenue department of government so you can see that and get to know is the real owner-
UUser_72a7caec
OP
January 17, 2025 at 2:07 amShe’s the real owner. She want to avoid any conflict with her ex in future-
UUser_9b230f5c
PARTICIPANT
January 17, 2025 at 2:10 amHow will there be any conflict if she is the owner
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UUser_f0e1a492
PARTICIPANT
January 17, 2025 at 1:42 amIs the seller having the original copy of the sale deed and gift deed?-
UUser_72a7caec
OP
January 17, 2025 at 2:06 amwith bank. She’s having Housing Loan
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UUser_cfa7fcb3
PARTICIPANT
January 17, 2025 at 2:16 amCheck the share certificate with the society if it has only her name then it should be no issue buying the property. The share certificate and agreement state who is the real owner of the property. -
KKarthikguru101
PARTICIPANT
January 17, 2025 at 2:24 amFirst check the title owner from the Department of Stamps and Registration in your city.
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