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UI’m seeking advice on a property ownership matter to ensure I cover all legal aspects and avoid any future claims. Here’s the situation:
The property in question belonged to a woman who passed away. She had five children. However, one of her children passed away before her. The remaining four children entered into a partnership deed, dividing the property among themselves. They claim that, as per Muslim law, the deceased child has no share in the inheritance, and thus their children are not entitled to any rights over the property.
The seller (representing the two of four living children) is offering to provide an NOC from the children of the deceased brother to confirm they have no objection. However, when I requested their presence during the registry process, the seller mentioned that some of them reside abroad and cannot be present.
Before proceeding, I want to ensure that there are no potential legal risks or future claims over the property. Could you please guide me on the following
1. What documents should I request from the seller apart from sale deed, death certificate, partnership deed, encumberence certificate, tax etc?
2. Are there any specific affidavits, declarations, or legal processes to confirm that the deceased brother’s children cannot claim over the property in future?
3. Is it sufficient to proceed without the physical presence of the deceased brother’s children if the seller provides an NOC?
4. What is the process to get such NOC and to make it legally binding?
5. Is there any lawyer who deals in property related matter from Bangalore who can help me with this?I’d appreciate any advice or insights from people familiar with property laws, particularly Muslim inheritance laws, to help me make an informed decision.
Thank you in advance for your help!
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