Is buying a flat or property on occupancy agreement in the name of deceased parent safe?
Question asked by Ms. Aarti Prajapati from India:
Dear Sir/Madam, In 2006 we bought a flat on occupancy agreement (kabja karar) named and signed by my mother who died in 2009. Is our interest and occupancy safe? Your advice please.
Thanks
Aarti
Vatsala Answers:
I need to understand what you mean by occupancy agreement. Is this for a specific period of time? Or is it an agreement to purchase with possession? If it is the later, the legal heirs of the deceased mother can take the conveyance of the property from the original land owner based on the previous agreement. Even if it only a right to occupy, the same principle will apply. The legal heirs of the deceased steps into her rights and obligations as far as third parties are concerned.
Vatsala
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