• Buying property after death of owner

Hello,

I am in process to buy a flat in Mumbai but owner of the flat is not alive. His son wants to sale the property but the property is till on his father name? They are two brothers and a sister belongs to Punjabi family.
How we can proceed with purchase of the flat.
what all prerequisite need to check before buying this property?
Society has transferred the share to all 3 members?
Asked 1 year ago in Property Law from Mumbai, Maharashtra
Religion: Hindu

Hello,

Please see that the property has been mutated to the sellers name and the legal heirs have given the NOC.

If possible make legal heirs a witness to the same proceeds.

Regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

1. Any one legal heir can apply to Bombay High Court for grant of Letters of Administration to administer the estate of the father

2. The appointed administrator will then have to transfer the flat to the legal heirs in equal proportion i. e 1/3rd undivided share each

3. Proper transfer deeds for the above needs to executed by the administrator in favour of the legal heirs

4. Then submit the Letters of administration and transfer deeds to society which can then transfer society shares attached to the flat to the legal heirs

5. How society has already transferred shares to names of legal heirs, needs to be checked

6. For the LA the seller will need to pay fixed court fees of 75k, plus lawyer professional fee plus court clerkage and out of pocket expenses

7. Entire procedure takes about 6-8 months

8. In meanwhile you can sign a MOU with legal heirs to bind them

Yusuf Rampurawala
Advocate, Mumbai
4448 Answers
25 Consultations

5.0 on 5.0

There can be two situations in your case. Firstly if their father has left a will then you can buy the property after ensuring that the will is orignal and is the last will. Secondly if they dont have any will then ask them to approach the district court to get a legal heir inheritence certificate or succession certificate this process takes around 2 months if uncontested.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

You should be certain about the legal heirs of the deceases. Get affidavit, Get signature of all three. In sale deed registration keep some extra witness 2 from your side and 2 those who know the sellros personally. So many other precautions are there.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

Firslty, though it is very good that you have inquired about the property, but still I would like to advice you to go to the registrar’s office and see that there should not be any existence transaction over the same property.

Secondly, first ask them to get the legal heirs cerficate from the civil court, so that they can be the legal one to sign to the document with respect to the said property.

Thirdly, it may take 3 to 4 months to get the certificates.

Fourthly, then you should go ahead to avoid any future disturbance.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

Hello,

You need the daughters NOC before you proceed .

All the co sharer must have consent for the sale .

Thanks and regards

Swarupananda Neogi
Advocate, Kolkata
1056 Answers
2 Consultations

4.8 on 5.0

This is my response to you:

1. Since the society has transferred all the shares to the three members they become the owners of the property;

2. Even if his son wants to sell the property he will have to seek NOC from all the Class I Legal heirs of the deceased i.e. the father;

3. The Class I legal heirs include: Class I Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son; 1[son of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son;

4. Therefore take NOC from them stating that they have no claim over the property in the future;

5. You can also make them sign an indemnity bond;

6. Also take out advertisement in the three local newspapers hindin, english and local language inviting claims on the property;

7. If there are no claims within 30 days then purchase the property;

8. Also make sure all the documentation, transfer and mutation of your name in government records is done is orderly manner.

Gowaal Padavi
Advocate, Mumbai
1819 Answers
2 Consultations

5.0 on 5.0

1) is owner wife still alive ?

2) she would have equal share in flat

3) ask legal heirs to apply for and obtain letters of administration from Bombay high court

4) it takes around 6 months if there is no contest

5) then only purchase the flat

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Dear Client,

After father`s death, property will hold by all three in equal share. So sale deed shall be execute with all three or siblings execute POA in his name to execute sale deed on their behalf.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Sir first the property needs to be mutated in name of legal heirs(wife is also entitled to share if alive). Then further either all the legal heirs sale property to you through sale deed or the brother and sister relinquish there right in favour of the brother who is selling.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

1. If the owner died intestate i.e without making a will then his property has devolved equally on all his children. So the sale deed has to be executed by all the heirs in favour of the buyer.

2. Since the society has already transferred the share certificate to legal heirs nothing else remains to be done.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

1) You have to check all legal heirs on paper like Municipal Taxes, Register documents and Society legal heirs etc.

2) Check the first agreement of first owner of flat purchase than you can proceed with sale deed.

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

Dear Client,

If the owner who died did not have will, then his legal heirs will have to apply for Legal Heir-ship certificate to court. Post grant of the said certificate, the said property can be sold by the legal heirs.

1. Have the legal heirship certificate.

2. Check- Get teh title verification done, check the bankers requirement for availing loan on the said property.

3. Society- Once legal heirship is issued - society transfer wont be a issue.

Expert Jurist LLP

Jyotishwar Bhosale
Advocate, Navi Mumbai
15 Answers
1 Consultation

5.0 on 5.0

1. EXECUTE a duly Stamp Duty paid & Registered Sale Deed, wherein ALL the residual Legal Heirs, MUST sign on the Sale Deed (as Sellers), with mutual consent. This would be sufficient for all Legal Purposes.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
2403 Answers
14 Consultations

5.0 on 5.0

They have to produce the legal heirship certificate to confirm the legal heirs of their deceased father.

After that all the legal heirs have to execute the registered sale deed to your name jointly before the concerned registrar's office.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

1. Nomination transfer confers no ownership title

2. Nominee is only a trustee for the legal heirs of deceased owner

3. Not advisable to buy flat without letters of administration

Yusuf Rampurawala
Advocate, Mumbai
4448 Answers
25 Consultations

5.0 on 5.0

Sister can claim equal share in flat

2) nominee is only trustee for legal heirs

3) if one brother is dead his share would devolve on his wife and children

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

The brother who demised in past does he has a wife and children??? if yes they shall have share and they need to relinquish if not then his share shall be divided among reaming legal heirs of father only.

Yes the sister can claim share in flat as nomination is not confer the succession rights. A nominee just takes care and distribute property among legal heirs.

So either sister sign as seller in sell deed or make relinquishment before sell in favour of brothers,

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

Sister has equal share in property and Brother who is not alive, his share will devolve in his wife and children.

If not married than mother and mother also not alive than in brother and sisters.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

This is in further response to you:

1. Nomination has no value;

2. Since the owner died intestate (without Will) therefore all legal heirs have a right on the property;

3. Therefore the sister has right on the property;

4. Only if she gives an NOC waiving off claim on the property or relinquishes her share by executing a Deed of Relinquishment then only she gives up her share of the property.

Gowaal Padavi
Advocate, Mumbai
1819 Answers
2 Consultations

5.0 on 5.0

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