Buying property from a Divorcing Couple divorcee

Community Forums Legal Advice India Buying property from a Divorcing Couple divorcee

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    • #72946 Reply
      User_72a7caec
      Participant
        U
        User_72a7caec
        PARTICIPANT
        January 16, 2025 at 5:54 pm
        Hello 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!

      • #72952 Reply
        User_49cafa42
        Participant
          U
          User_49cafa42
          PARTICIPANT
          January 16, 2025 at 6:07 pm
          Don’t. Unless you meet both the parties and have in it written. You never know when things change in this situation.

        • #72951 Reply
          User_9b230f5c
          Participant
            U
            User_9b230f5c
            PARTICIPANT
            January 16, 2025 at 6:58 pm
            Get a title certificate where do you stay

          • #72950 Reply
            User_9b230f5c
            Participant
              U
              User_9b230f5c
              PARTICIPANT
              January 16, 2025 at 6:59 pm
              There is something called property record with the revenue department of government so you can see that and get to know is the real owner

              • #72954 Reply
                User_72a7caec
                Participant
                  U
                  User_72a7caec
                  OP
                  January 17, 2025 at 2:07 am
                  She’s the real owner. She want to avoid any conflict with her ex in future

                  • #72955 Reply
                    User_9b230f5c
                    Participant
                      U
                      User_9b230f5c
                      PARTICIPANT
                      January 17, 2025 at 2:10 am
                      How will there be any conflict if she is the owner

                • #72949 Reply
                  User_f0e1a492
                  Participant
                    U
                    User_f0e1a492
                    PARTICIPANT
                    January 17, 2025 at 1:42 am
                    Is the seller having the original copy of the sale deed and gift deed?

                    • #72953 Reply
                      User_72a7caec
                      Participant
                        U
                        User_72a7caec
                        OP
                        January 17, 2025 at 2:06 am
                        with bank. She’s having Housing Loan

                    • #72948 Reply
                      User_cfa7fcb3
                      Participant
                        U
                        User_cfa7fcb3
                        PARTICIPANT
                        January 17, 2025 at 2:16 am
                        Check 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.

                      • #72947 Reply
                        Karthikguru101
                        Participant
                          K
                          Karthikguru101
                          PARTICIPANT
                          January 17, 2025 at 2:24 am
                          First check the title owner from the Department of Stamps and Registration in your city.

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