Hi, I am looking into a property which is jointly held by father & son. Father wrote a POA in favor of his son to sell the property but father expired. His father was hindu and no WILL. In all there are 3 legal heirs: - Mother (Fathers wife) - Daughter Married - Son (also the join owner) I need to know what all documents do I need from the Seller for the Sale Deed? I have checked following documents - Original Sales Deed (No chain, I am 2nd buyer) - Buyer Builder Agreement (builder apartment) - Builder Payment Receipts - Fathers Death Certificate (died 2015) - Legal Heir Certificate (Mother, Daughter & Son Mentioned) - NOC from mother & daughter in favour of son (Notarized and this has not much legal value). As the property is based in Ghaziabad, UP, so relinquishment deed or gift deed doesn't seem to be an option as those don't get registered in Ghaziabad. Release deed is an option but that involves paying some percentage of property as registration amount. Seller wanted to avoid going for release deed from mother & sister and wants to directly go for Sale Deed which gets executed by all the three (son + mother + sister). Is that fine or something else needs to get done? Thanks
1. Since on death of the father his half shares devolves upon his children and widow, the daughter and mother are necessary party to the deed as they are co shares rs of the property.
2. If release or relinquishment deed is not an option then make all of them sellers in your sale deed.
3. Do give details of their share in the sale deed.
1) if sale deed is executed by mother , son , daughter you would get clear and markletable title to property .
2however before purchase insist on mutation of property in name of legal heirs then only purchase the property
NOC from mother & daughter in favour of son (Notarized and this has not much legal value). As the property is based in Ghaziabad, UP, so relinquishment deed or gift deed doesn't seem to be an option as those don't get registered in Ghaziabad. Release deed is an option but that involves paying some percentage of property as registration amount.
Mere NOC or an unregistered relinquishment deed shall not transfer the rights of the sharer to the co-sharer.
The registered release deed relinquishing their rights by the mother and sister in favor of the son shall be the legal and proper transfer to hold him having marketable title to sell the property.
Though the registered transfer involves stamp duty and registration charges, this cannot be avoided since this is the correct legal option under this circumstance.
Seller wanted to avoid going for release deed from mother & sister and wants to directly go for Sale Deed which gets executed by all the three (son + mother + sister). Is that fine or something else needs to get done?
The seller may be having plenty of such useless ad illegal ideas because it is not he going to face the problem at a later stage bcause he will not be available to solve this problem, it will become a burden to the buyer.
Dont go by the seller's false words.
You may face property disputes at a later stage in any form hence insist on registered release deed from the legal heirs in favor of the person who would be selling this property
It will be better that son file a civil suit for partition and approach to court for mediation and settled the matter before mediation where both(mother and daughter) settled the matter amicably and give NOC to son, the court will passed an order and partition Decree in favour of the Son. based on that court order the Son will be absolute owner.
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1. The POA ceased to have any legal force after the demise of the principal i.e father.
2. Since father died intestate his property devolved through succession on his widow and children, so the sale deed in favour of a prospective buyer has to be signed by all three heirs unless POA is given to one by others.
3. The only document missing in the list of documents mentioned by you is mutation certificate.
Thanks for all the answers. But its a bit confusing as it seems to be pointing in 4 different direction * Sales Deed by all the 3 legal heir is good enough. * Mutation followed by a Sales Deed (son + mother + sister) * Release Deed followed by a Sale Deed (only son as mother and sister released their share in favour of son). * Partition & settlement and then Sale Deed What i am getting to understand form this discussion is "There has to be some agreement that first transfers the complete ownership to son and only after that son will be able to execute the Sales Deed. Just executing Sales Deed with all the 3 legal heirs won't suffice".
1) you have 2 options
2) mutation of property in favour of legal heirs followed by sale deed executed by the 3 legal heirs
3) in the alternative mother , sister execute gift deed or relinquishment deed for their one third share in property
4) property is mutated in favour of son who executes sale deed
Family settlement deed before the mediation and based on that court order or decree of partition will be best option.
You have no need to pay any stamp duty for mutation. Or need any other documents readings the abaulte ownership of property.
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1. If the sale deed is executed by all the legal heirs then no relinquishment/partition deed is required to be executed.
2. A sale deed executed by all legal heirs will suffice for all legal and practical reasons.
A Sale deed jointly executed by all the legal heirs shall be a legally valid deed.
Mutation in such case can be on all those legal heirs.
Registered sale deed by the son to be followed after the registered release deed in his favor shall be a proper legal position to make him eligible for selling this property
Partition and settlement will be a long way and it may involve stamp duty accordingly because the said deeds have to be a registered document otherwise it will not be valid in the eyes of law.
For the last question read the above answers.
Execution of sale deed by all three is enough as I opined earlier.