ask B to obtain letters of administration from Bombay high court as A died intestate

2) at time of A death in 2005 flat was owned by A only

3) LA would mention name of legal heirs . , details of proeprties standing in A name at time of her demise

other legal heirs can file consent affidavit in testamentary petition filed by B for obtaining letters of administration

2) sale deed signed by son of A would not be valid in case there are more legal heirs of A

3) they can always file suit to set aside sale deed

1.if A died beofre making the sale deed then all her legal heirs will have to sign the sale deed.

2.If any lega meri is left who has not singed, you would require his/her signature by way another transfer deed.

3. Without knowing the full details of list of legal heirs of A do not proceed to buy this property.

1. Your query is not properly worded. When B had purchased the flat from his mother A then why was the indemnity bond obtained in the first place?

2. If the title of B is clear then you are free to purchase it. NOC is not required.

You can obtain a registered ratification deed duly executed by other legal heirs, to confirm the other legal heirs you may obtain a legal heirship certificate from A.

You can ask your vendor to provide this essential document without which you may well stretched legal battle in future.

The indemnity bond is not enforceable in law.

If there are more than one legal heir then the sale deed executed by one person alone is illegal and invalid if there arises a dispute.

The other legal heirs can either execute a registered release deed or a registered ratification deed.

NOC is not recognised as valid as per provisions of transfer of property act

Transfer of shares in society is different to that of the transfer of immovable property as per TP act.

Yes.registered deed of release can solve your problem.

if relinquishment deed is executed by all legal heirs then sale deed registered in 2013 would be valid

2) you can then purchase property from B

3) it is better letters of administration be applied for by B and consent affidavit executed by other legal heirs . it does not take more than 6 months

1) 4 legal heirs can execute registered power of attorney in favour of family member to execute regd relinquishment deed in Mumbai

2) then you can purchase property from B

3) no further legal formalities would be required

4) specific power of attorney has to be executed not GPA

5) it should mention that as they are unable to com to Mumbai to execute RD specific POA is being executed

1) POA can be executed where property is situated or where the person is residing

2) in present case 4 legal heirs are residing in Gujarat . they can execute registered POA in Gujarat for property situated in Mumbai

3) on basis of regd POA Relinquishment Deed can be executed in Mumbai

then POA is to be made by a person residing in Gujrat and for a person residing in Gujrat. Make a GPOA and not SPOA for the purpose of authorizing someone.

Regards

Okay In These case if i will take registered release deed from all the legal heirs than agreement registered in 2013 will be valid or Not?

A registered release deed from all the legal heirs would make the vendor as an absolute owner hence there should be no legal impediment to proceed proposed sale agreement as per law.

After above procedure can i purchase the said property from B? Is there any other legal requirements i need to follow? please suggest proper steps.

If all other things are okay besides the above arrangement then you may proceed with the purchase provided you get a legal opinion from a local lawyer.

1. Can all 4 person provide registered power of attorney to person residing at mumbai to execute relinquishment deed in Mumbai?

Yes, the other legal heirs can execute a registered power of attorney to the chosen legal heir among themselves.

2. After above procedure can i proceed to Buy property from B?

You should get satisfied only after a legal opinion by a lawyer in the local.

3. Is there any other legal formalities need to follow?

You can verify the same from the local lawyer based on the prevailing circumstances.

4. Do i need to mentioned all the History in POA & Relinquishment deed, If yes kindly provide details.

The POA as well as the relinquishment should contain the brief history for the purpose of such documents being executed by the executors.

I want clarification weather all the heirs residing at Gujarat can issue specific power of attorney to person residing at Mumbai (I.e.A in above case) to sign & Register Relinquishment deed in Mumbai?

Also confirm they need to register POA in Gujarat?

All those legal heirs who cannot present themselves before the concerned registrar for the purpose of executing as registered release deed in favor the chosen person, can execute a registered POA for the purpose authorising the chosen person to execute a registered release deed in favor of the chosen co-sharer.