Insist on legal heir certificate to avoid legal complications
2) tomorrow third party may claim to be legal heir and demand share in property
3) mere relinquishment deed is not sufficient
Is legal heir certificate required ?
I want to buy a Plot, it was in the name of Lady M but she died later and she has two sons A and B, her husband also no more. Later A also transferred the share of his plot to his brother B via registered relinquish deed and hence it in the name of B now and I am buying from him. Now please suggest me if registered relinquish deed is enough or legal heir document is also necessary here in this case Some are saying legal heir is necessary while some are suggesting not required as registered relinquish deed is enough. So please clear my doubts and concern, should I go for this property?
Asked 8 years ago in Property Law
Religion: Hindu
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6 Answers
Hi, the relinquish deed is sufficient .. But why it is important to get it done through court, is to confirm that there is no other legal heir to the property .. However if there are only two brothers , then the relinquish deed is a authenticative document and you can proceed further with the agreement ..
Registered relinquishment deed is sufficient as the said deed makes the title of B clear and you can go ahead and purchase the land from B. No legal impediment in the same.
Regards
First understand the legal situation.
The legal heir who relinquished the rights was that of his own rights only.
He cannot relinquish the rights of other heirs.
Hence it is advisable to obtain a legal heirship certificate to confirm the list of any other heirs that were left out.
I appreciate your valuable replies, here are some more little details if you can guide me in more clear way : The plot is of DLF and it was allotted to (B and C)'s mother, even conveyance deed in favor of their mother as well who has passed already. After passing of mother, DLF transferred allotment in the name of B after getting the relinquished deed from his brother C. Now B is selling to me. I know the family very well, they are only two brothers and their parents already passed away. The problem is that elder brother C is a sick old man and living in UK hence not able to visit India but as I suggested he has already given the shares to his younger brother B via registered relinquished deed. I have already checked with SDM, he is saying relinquished deed is sufficient he will do the registry basis on that. I also get verified the documents from various govt banks as well. SBI is saying legal heir is required while OBC bank is saying relinquished deed is more than sufficient. So please suggest should I buy this plot on basis of registered relinquished deed. Will I face any issue in future? Is it a legitimate deal? Thanks
Asked 8 years ago
1) since SBI is asking you to obtain LHC you can call upon seller to do so
2)you may face problems if you try to sell the property as bank would be reluctant to sanction loan
3) never take any chances when you are parting with your hard earned money
You are not the authority to decide about who all are the legal heirs of the deceased.
The revenue department only can certify the list of legal heirs.
The banks will approve the loan after ascertaining that there can be no problem of litigation by any person claiming a share in the property as one of the legal heirs of the deceased, hence this formality.
You may obtain a legal opinion before buying the property.