• Plot one of joint owner passed away

Dear Sir,

we are in the process of buying a property which has Joint Sale-deed registered on wife and husband, husbancd has passed away, below are the family members willing to sign the sale deed.

1) Wife ( she has sale deed on her name along with her Late Husband)
2) Son in DUBAI has sent a power of attorney from embassy authorizing her mother has full right .
3) Son in Qatar has sent a power of attorney from embassy authorizing her mother has full right.
4) Son in India willing to sign in-person in front of the Sub-Registrar during sale deed registration.
5) Daughter(married) in India willing to sign in-person in front of the Sub-Registrar during sale deed registration.
6) Daughter(married) in India willing to sign in-person in front of the Sub_Registrar during sale deed registration.

As we came to know that Legal-heir would be the approprate document basing on which we can buy the said property, but we came to know that here in Hyderabad it will take almost 6 months of time to get it which is long time to wait.

if we still proceed with the above family members with property registration, is thier any risk associated with it, since thier father/husband passed away.

can anyone after we purchase have the authority to come and claim his share?

Please advice what are th options legally available without risk and without Legal-Hier document?.

Thanks in Advance.

Syed Zuber
Asked 4 years ago in Property Law
Religion: Muslim

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13 Answers

1)ask wife to obtain letters of administration from district court

2) enclose husband death certificate

3) consent affidavit of legal heirs

4) pay court fees

5) you should get LA in 6 months time

6) never take a risk wherein your hard earned money is concerned

7) tomorrow any third party can claim share in property .

8) litigation in India is long drawn and expensive proposition

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

Hi Syed,

There is no risk unless and until the deceased owner had not made any transactions or agreements to any person when he was alive like POA sale agreements which usually doesn't get registered in registration office.

Before going forward give Public Notice in Local Standard Newspaper at least 2-3 good newspaper who has goodwill in Hyderabad. Than check if you get any responses from it, if you don't receive any responses than you can purchase property.

All are legal heirs you can purchase the property.

Ganesh Kadam
Advocate, Pune
12308 Answers
184 Consultations

4.9 on 5.0

on the death of father, his wife and all the children have the equal share in the property, all you need is to get the death certificate of the owner and his family tree.

You need to get the identification of the children so that no litigation shall come in the future.

You can ask for Voter ID, Ration Card, Voters list.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

Dear Client,

In father` share, each heir have1/6 share. Above sale is valid.

Make sure that the POA must be presented before sub registrar within 4 months after its execution outside India, else invalid.

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

Legal documents are most important documents increase the property is not yet transferred in their name till the time the legal heir certificate is obtained you need to enter into a agreement to sale father property with the limitation of time between 6 month 1 years to complete the legal documentation certificates

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hi

1) Please ask the sellers to get a family member certificate from Mandal Revenue office and since the family members are willing to sign the sale deed either in person or through their power of attorney, your sale deed will be perfect and in accordance to law.

2) A family member certificate issued by Mandal Revenue Office is sufficient to execute the sale deed in your case and it is not mandatory to get a legal heir certificate.

3) Legally and technically, subsequent to the demise of the husband(father), the property is now vested with the wife ( mother) and since the children are also ready to sign the sale deed which in fact is an added advantage to you, legally there are NIL chances of any future claims or legal issues involved in this particular transaction

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

if seller is not Hindu : Kindly do not purchase property till letter of Administration is not received by the other party from competent court as Under Indian Succession Act it valid document to be obtained for succession to avoid future claims.

Though if seller is Hindu where a Hindu dies intestate it is not necessary in every case to obtain a Letter of administration to the estate of the deceased to establish a right to any part of the property of the deceased as the property as per Hindu Succession Act on death get diluted in legal heirs as per the act and they have rightful claim over it.

if all the legal heirs are ready and willing to get family certificate and sign sale deed than you can make a registered sale deed.

2) Also check if the foreign power of attorney are registered with the Indian consulate in embassy and presented before SDM or DM in India for smooth transition and in future there is no litigation related to same.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
171 Consultations

5.0 on 5.0

You can execute a indemnity bond from the legal heirs stating that there are no legal heirs apart from them and if any legal heir claims later the present legal heir will indemnify you.

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

Dear Sir,

My answers are as follows;

Wife ( she has sale deed on her name along with her Late Husband)

Ans: Ask he to get it transferred in her name entire property by producing death certificate. That is joint name of husband to be deleted.

2) Son in DUBAI has sent a power of attorney from embassy authorizing her mother has full right .

Ans: From 2011 the Supreme Court banned Power of Attorney purchases. If you believe them then you can purchase. The relevant judgment is given below.

3) Son in Qatar has sent a power of attorney from embassy authorizing her mother has full right.

Ans; His personal presence may kindly be insisted.

4) Son in India willing to sign in-person in front of the Sub-Registrar during sale deed registration.

Ans: Ok. No problem.

5) Daughter(married) in India willing to sign in-person in front of the Sub-Registrar during sale deed registration.

Ans: Ok. Fine.

6) Daughter(married) in India willing to sign in-person in front of the Sub_Registrar during sale deed registration.

Ans: Ok. Fine.

A resident Indian buyer should AVOID property transaction through Power of Attorney holder of an NRI. The best case scenario is the presence of an NRI seller in India for execution of sale deed. Sometimes the circumstances do not permit so a buyer you should check the reason for the execution of Power of Attorney. The reason should be reasonable and logical. If the buyer is convinced with the reasoning, then he should insist that NRI Seller should include this particular reason, in Power of Attorney. In short, the purpose/reason for the execution of a power of attorney should be clearly mentioned in the Power of Attorney.

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No property sale on power of attorney: Supreme Court

The court rules that transfer through general power of attorney cannot give ownesrship title to the buyer.

Gyanant Singh

New Delhi, October 13, 2011 | UPDATED 12:11 IST

A +A -

Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.

A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.

The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.

Navin Raheja, chairman and managing director of Raheja Developers said, "The court's decision will help to curb the circulation of black money to some extent in the real estate sector where titles are manipulated. Besides, many property transactions where prices are rounded off will be affected. However, overall there won't be any significant impact on normal property sales."

The apex court said there can be no mutation of property in municipal and revenue records on the basis of such documents. The bench, however, clarified that its order should not be a ground for disturbing mutations already effected by the Delhi Development Authority (DDA) or any other authority.

Kishan Dutt Kalaskar
Advocate, Bangalore
6049 Answers
363 Consultations

4.8 on 5.0

1. If the parties are closely known to you and you know very well that there is no other legal heirs for the deceased husband, then you can register the said sale deed with the help of the said POAs and also signed by other legal heirs present at the registration office.

2. If there is any other legal heir left to be included in the sale deed while registering the same then he or his legal heirs can certainly challenge the said sale deed or claim share of the property bought by you.

3. If the sellers are not closely known to you, it will not be prudent on your part to agree to buy the said property without the legal heir certificate.

Krishna Kishore Ganguly
Advocate, Kolkata
26470 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

The above legal heirs can be added as party to sale deed along with their mother as per your given facts.

Generally, the legal heir/family member certificate has to be obtained from competent authorities in order to execute or alienate the property of deceased person.

In your case the their is no legal heir or family member certificate.

In the absence of these documents there may be a risk that any person may come forward as legal heir (if any).

You can give a general public notice in a newspaper through an Advocate stating that you are purchasing land from mother and legal heirs and anybody having objections can approach your lawyer.

Hope your query is answered with the above suggestion.

Vijay Jogle
Advocate, Hyderabad
23 Answers
1 Consultation

5.0 on 5.0

The sellers have to produce legal heirship certificate issued by the Revenue department,

It is incorrect to say that in Hyderabad it will take 6 months to obtain the same, in fact you can get it in a matter of few days.

The legal heirs of the deceased joint owner of the property are to sign and execute the registered sale deed in favor of the buyer and if they are unable to do it then the POA route may be followed.

Always take a legal opinion from a local lawyer before venturing into purchase of such complicated properties.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1459 Consultations

5.0 on 5.0

can anyone after we purchase have the authority to come and claim his share?

Yes, in case do no ask them to obtain a legal heir-ship certificate and produce the same before you for your satisfaction, this risk will always be there.

I'll advise you to wait till the they obtain a legal heirship certificate. This will give you a sense of confidence and a surety as to the fact that there are no other legal heirs, except the ones mentioned by you.

Vibhanshu Srivastava
Advocate, New Delhi
9422 Answers
236 Consultations

5.0 on 5.0

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