• Regarding Legal Heir Certificate

Sir I bought a land from another person Mr. B who had got the Power of Attorney to sell Mr. A's land. I approached the bank for loan but they refused since I don't have the Legal Heir certificate of Mr. A. I have all the papers like Deed Title,Mutation papers,Land Papers and Certified Copy of POA. Now when I ask Mr. B for legal heir copy,he says he cannot provide me that since Mr. A is too adamant to visit court for applying Legal Heir Certificate.Also to make things worse, Mr. A's mother passed away 6 months ago but he has not applied for her Death Certificate also and is not lending any support from his side. Instead he asks us to sell his land at the previous price we had brought the land for. Sir how can I get that certificate from him or what steps should I take against whom (Mr. A or Mr. B) if they cannot help me in this matter. Please suggest me since I am very helpless in this matter.

Thanking You in advance.
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

1) there is no question of selling the land at purchase price to the seller

2) issue legal notice to Mr B / MR A to provide you legal heir certifcate

3) you can also file declaratory suit that you are the absolute owner of land

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1.You can force A to get the necessary papers if he does not agree.

2.In that event it is not wise to proceed to complete this purchase.

3.Due to non supply for necessary documents you better cancel the agreement.

4.on cancellation get back your money and choose some other proeprty.

5.there seems to be no other option unless and until A agrees to cooperate.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

You can issue legal notice to seller Mr B and A

2) you can also file declaratory suit

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

Has the sale deed already been executed in your favour by B on the strength of the POA which had been executed in his favour by Mr.A? If the answer is yes then serve a lawyer's notice to him to apply for and obtain the legal heir certificate. A suit for mandatory injunction can be filed against him if he does not do so.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Legal heirs certificate is not availed by applying to court.

2. It is availed from the Counselor of local Municipal Corporation and it can be availed within 7 days flat.

3. In whose name the title of the property now stands? if it does not stand in the name of Mr.A, then how has he sold you the said property and how have you purchased the same without making any verification?

4. At least now try to find out if there is any other legal heir who can claim share of the property of Mr.A and if you find any such person, it will be clear why Mr.A is avoiding giving you the said legal heir certificate.

5. In the above case, lodge a police complaint against Mr. a & B for cheating you and also file a Recovery Suit claiming refund of th entire amount paid by you including the registration cost with interest, damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. You can issue the legal notice to both of them but what will be the use if they refuse to act or react even after receiving the said legal notice.

2. You shall have to find out why is Mr.A refusing to obtain the legal heir certificate from the counselor of local Municipal Corporation which hardly takes a week or so.

3. To get your things done, you should help Mr.A to file he application before his counselor and then pursue with the said counselor to issue the legal herir certificate in favour of Mr.A.

4. The counselor may ask Mr.A to affirm under affidavit that he is the sole legal heir of the title holder of the said property which you should arrange for in your own interest.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

You must obtain legal opinion to the marketable title of A who has sold the property vide POA through B.

If the title of the vendor is defective, you can issue a legal notice to the vendor (A) directly with a copy endorsed to the POA seeking the details of legal heirs or successors in interest to the property that was sold and instruct the vendor to furnish the same obtained through the Tehsildar/Revenue department.

The legal heirship certificate can be obtained from the Revenue department/Tehsildar within the jurisdiction of the deceased original property owner.

If the vendor (A) is still not cooperating or complying with the demand made, then you may drag him to the court with a declaratory suit to declare the title of the vendor. The court decree thus obtained can be utilised for bank loan purpose, the bank will not refuse loan.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

I had bought the land in the year 2005 am doing I think there is no question of selling him for the purchased price. The price of the land has nearly quadrupled. I think I should issue a legal notice in both of their names. Is it possible sir?

You need not budge to their pressures.

You may issue legal noticeto the vendor with a copy endorsed to the POA agent seeking clarifications and details of legal heirs those who are entitled to a rightful share in the property that was sold to you.

Further procedures may be followed as suggested earlier or by the advise of a local advocate.

Do not be frustrated to sell the property to the vendor in a hurry.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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