I want to purchase a flat. The owner of the flat is dead leaving behind his wife, son and daughter. The son and daughter has given noc to wife for selling the property. What documents are required to be checked before purchasing the flat.
Hello,
Get in touch with a local lawyer, who may get a title report of the said property.
Just the NoC of the son and daughter will not work, ask them to obtain a legal heir certificate, so that it is clear that there are no other legal heir.
Make a publication in the newspaper, to the effect that you are purchasing the said property.
Regards
Sir NOC will not do the all 3 son daughter and wife need to sign the sale deed or they have to give POA to there mother to sign
Check that whether the mutation of the property is done or not in name of all 3.
Share certificate is transferred in there or not.
Further the title documents of the flat
Ask the heir to get a death certificate and then file for Heirship from the court. Once you receive heirship in favour of the heir, you may register the sale deed with the heir standing on the original sellers behalf
mere NOC is not sufficient
2) they should execute relinquishment or gift deed to relinquish or transfer their share in flat
3) it should be duly stamped and regsitered
1. how will you ascertain who all are the legal heirs of the deceased owner?
2. what if tomorrow after you buy this property, there emerges some other legal heir, apart from the widow and the 2 children?
3. so it will be safe if you request the sellers to obtain letters of administration from the court
If the son and daughter are relinquishing their interest in favour of the mother, the same should be done under a duly registered relinquishment deed.
If they(son and daughter) are not relinquishing their interest they should execute a POA in favour of the mother.
Get the title of the owners verified by getting done a title search.
Only relinquishment deed is enough for purchasing the flat. It can be registered on my name with RD only. If no what other documents will be required? I am appling for home loan. What documents will be needed for home loan.
Requirement of documents varies from ban to bank.
Bank will also conduct their title search on the property.
RD/ sale deed of the property/ NOC from all the legal heirs will be some document that will bank ask.
Regards
1. for relinquishing share by children in favour of mother, the children first need to have a title document in their name
2. this can happen only if an administrator is appointed by court and he executes and registers transfer deeds in favour of the legal heirs
3. once the legal heirs have title deeds in their names they can release their respective shares inter se between them
4. in the alternative the administrator can transfer the entire property to the widow and the 2 children can become confirming parties in such transfer deed
5. thereafter the widow will have a clear title which she can pass on to you by executing transfer deed in your favour
6. bank will also insist for a letters of administration. Without it your loan will not be sanctioned
Sir if both son and daughter relinquish the property in name of mother through the registered relinquishment deed then mother can make a sale deed.
Further for bank laon they will ask for the extract of city survey mutation.share certificate and the title documents.
Further if there is previous loan on property then NOC from the said bank.
Ask them for the relinquishment deed.
Also, suggest them to get a heirship certificate.
Bank may ask for certain additional docs based on the advise of their lawyer.
1) you have to apply to society for transfer of flat in your name
2) enclose relinquishment deed or gift deed executed by mother , sister
3) after flat is transferred in your name you can then apply for home loan based on NOC from society
Hi, it has to be seen that the son and daughter are not minor in age ..A minor share cannot be sold , without the permission of court
1) Death certificate of owner as clear title.
2) Legal heirship and succession certificate from court on all legal heirs name.
3) Check all mutation papers from last 30 years of the property
4) Check all property papers, electricity bill, municipal taxes, society share certificate and collectors paper.
If you require any help do call me.
You should ask the legal as to obtain letters of Administration from Civil Court and get their name registered in the land records.
If the children want to forfeit their share in the property they'll have to execute relinquishment or gift deed and the said it should be mandatorily registered after payment of requisite stamp duty.
Only the relinquishment deed would not suffice as the bank would also ask for encumbrance certificate, letter of Administration, death certificate of the original owner etc.
Dear Sir,
It is better to check list of documents required from the concerned bank as each bank is having its own norms and even court cannot interfere its discretion in sanctioning loan. Following conditions will be fulfilled.
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Dear Sir,
You may purchase the property subject to fulfillment of following conditions. For more details visit the link.
12 Important Documents To Check Before Buying A New Property
1. Sale Deed:
A Sale Deed is the core legal document that acts as proof of sale and transfer of ownership of the property from the seller to the buyer. A Sale Deed has to be mandatorily registered. It is important that before the Sale Deed is executed one should execute the sale agreement and should check for compliance of various terms and conditions as agreed upon between the buyer and the seller. Before executing the Sale Deed, the buyer should check whether the property has a clear title. He/she should also confirm if the property is subject to any encumbrance charges.
* A seller should settle all the statutory payments such as property tax, cess, water charges, society charges, electricity charges, maintenance charges etc., (subject to the agreement) before executing the Sale Deed.
2. Mother Deed:
Mother Deed, also known as the parent document, is an important legal document that traces the origin/antecedent ownership of the property from the start (if the property has had various owners). It is a document that helps in the further sale of the property, thereby establishing the new ownership. In case of absence of the original Mother Deed, certified copies should be obtained from the registering authorities. Mother Deed includes the change in ownership of the property, be it through sale, partition, gift or inheritance. It is very important that the Mother Deed records the references to previous ownership in a sequence and should be continuous and unbroken. In case of a missing sequence, one should refer to the records from the registering offices, revenue records or the recitals (preamble) in other documents. The sequence should be updated until the current owner.
3. Building approval plan:
A building plan is sanctioned by the BDA (Bangalore Development Authority) or BBMP (Bruhat Bengaluru Mahanagara Palike) or BMRDA (Bangalore Metropolitan Region Development Authority) or BIAPPA (Bangalore International Airport Area Planning Authority) without which the construction of the building is illegal under the Karnataka Municipal Corporations (KMC) Act. A building owner has to get an approved plan from the jurisdictional Commissioner or an officer authorized by such Commissioner. However, the authorities sanction a building approval plan based on the zonal classification, road width, floor area ratio (FAR) and plot depth. A set of documents are required to be submitted by the owner in order to obtain a building approval plan. The documents include- Title Deed, property assessment extract, property PID number, city survey sketch (from the Department of Survey and Settlement and Land Records), up-to-date tax paid receipt, earlier sanctioned plans (if any), property drawings, 2 copies of demand drafts, foundation certificate (if any) and a land use certificate issued by the competent authority (viz., Dy. Commissioner). It is mandatory that the building owner hires a registered architect who will draw a plan meeting the applicable bye laws. One can get a building approval plan within 4-5 working days if all the requirements are met, via the newly invented BBMP software- Automated Building Approval Plan.
http://blog.homeshikari.com/12-important-documents-check-buying-property-2-795/
1. Conduct a title search to ascertain that title is free and marketable. It should be free from all encumbrances.
2. Obtain a copy of the death certificate of the owner.
3. NOC alone does not suffice. The son and daughter are required to execute a relinquishment deed in favour of the mother.
Mere NOC by son and daughter in favor of the wife of the deceased is not sufficient to entitle her to have clear and marketable title to the property now proposed to sell.
The children of the deceased are also legal heirs of the deceased who is reported to have died intestate, therefore they may have to relinquish their rights by executing a registered release deed in their mother's favor, which would enable her to execute a registered sale deed in favor of the buyer.
Only relinquishment deed is enough for purchasing the flat. It can be registered on my name with RD only. If no what other documents will be required? I am appling for home loan. What documents will be needed for home loan.
After obtaining a registered release deed in hr favor she can execute a registered sale deed in your favor.
Since you are applying for home loan, the panel advocate of the bank will let you know th requirement of further documents besides this.