1) Your father should Issue legal notice to seller legal heirs to execute registered sale in his favour
2) If they refuse File suit for specific performance against legal heirs of seller to execute registered sale deed in your father name
Legal heirs are making delay in registration
Dear Sir, Hope subject doesn't sounds completely agreeable with my issue. My father agreed with their father(2 elder daughters & 1 younger son) to register land when he handover balance amount in second instalment. Unexpectedly, he passed away and after couple of days my father paid partial amount from balance amount to his son and had a written statement on stamp duty for received & balance amount. Among them first daughter(lives in India) is ready to register but, other (lives in US) are not ready to register. Whenever we communicate with them they are postponing the dates(as we are asking them to send signed copies with relevant documents) from past 6 months. With all this my father got effected with health issues. Please do help me if we have any alternatives to move forward legally. Am so much gratefully for your valuable advice's.
Asked 7 years ago in Property Law
Religion: Hindu
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3 Answers
Hi
1) Since the seller had died after taking part payment, his legal heirs are duty bound to transfer the ownership of property to you.
2) Also an added advantage in your case is that the son (who is the legal heir of the deceased father) had received the balance amount which makes it very clear in the eyes of the law that your father had delivered his part of contract(that is payment of sale consideration to seller and his family members).
3) In the eyes of law, you have performed your side of contract and as such the seller (his family members) are legally bound to execute the sale deed and hand over possession of property to you.
4) First issue legal notices to the son and 2 daughters asking them to execute the sale deed and handover the possession to you.
5) Even after issue of legal notice, the parties are not coming forward, your father should file the suit in the court having jurisdiction over the property under section 34 of specific relief act.
6) In the event of your father having health issues, he can issue power of attorney to you and you can conduct the case on his behalf.
Hope this information is useful.
If the original vendor died after entering into a sale agreement, then it is the responsibility of the legal heirs of the deceased to execute the registered sale deed jointly in favor of the buyer after receiving the balance of sale consideration amount.
If one of the legal heirs is not cooperating or not interested in the sale deed, the buyer cannot pressurise the unwilling legal heir to execute the registered sale deed jointly along with other heirs.
Further it is not legally valid for a person sitting in a foreign country and send the papers signed from there for executing the sale deed.
The vendors are to be present before the Registrar while executing the registered sale deed in front of the Sub-registrar where this registration takes place.
Any deviation in this process will render the sale deed invalid and buyer has to run behind courts for defending his interest in the property when one of the legal heirs is fighting for his/her share stating that they were not available in the country when this sale deed took place hence it was done by impersonation and fraudulent means, therefore seeking to cancel the sale deed and allot their respective share in the property.
.The present vendors who would assure to take care of all such litigation in the future till the time they get the full consideration amount, after they may even collude with the other party and leave the case to become exparte and to the fate of the buyer.
Do not venture into the purchase without a proper legal opinion and advise by an experienced advocate.
