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Sir,

 I am going to purchase a property which belongs to sellers (her daughter) mother who has died last year in 2016, her father died long time back and she lives in america. she said she is the only daughter and legal heir of her mother. she is coming to india for 4 days to sell this property. Please tell me what papers should I asked her to produce.
Asked 8 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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7 Answers

1)whether her parents left any will ?

2) whether probate applied for in case of will ?

3) if her parents died intestate has she obtained letters of administration for the property from HC . Probate / LA is no mandatory in delhi

4) original documents of title

5) if it is a flat in cooperative society NOC from society

6) receipt of payment of latest property taxes bill

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

If she's the sole Legal heir to her mother, this property automatically devolved upon her after the death of her mother. Despite this, just to be sure insist that she produces a court issued Succession Certificate to the effect that she's owner of the property.

Also, seek documents like the original sale deed (in mother's name), mother's death certificate.

Also, engage a local Lawyer to conduct a title verification of the property and ask him to pull out the chain deed for past 30 years at least. This way, you could be sure of the title of the seller.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If you need any help as regards to the title such or a lawyer to do the same, do let me know.

Thanks,

Vibhanshu

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

Please check as to who has the good title of the property. Also get the details (of last 36 years) of the land from of registrar office to check that it is encumbrance free.

Also she can only sell you the land when she will have the land in her name, please check and then only proceed to purchase the land.

Let me know if I can be of further help.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Well, it would be very difficult to know if there is sny other legal heir except this lady.

2. Hence to safeguard your interest you may make a newspaper advertisement calling for objection from anyone who may have interest in the property.

3. Then get an indemnity clause included in the sale deed which is standard measure in such situations.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You should demand to show succession certificate to determine that who are the legal hair of the owner and how the property is devolved on her. if there is No other successor except herself then you can purchase this property.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

You have to obtain the property title documents, death certificates of her parents, legal heirship certificate, tax receipts, mutation records, the copy of her passport, OCI card, Encumbrance certificate of the property and all other relevant papers pertaining to the property.

You can consult a local advocate and clarify about more details as well as opinion to the property documents

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

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