it is self acquired property of seller
2) you don’t need consent of their legal heirs
Hello Experts, I am planning to purchase agriculture land which was purchased by 2 non blood related persons in their name . While making sale deed,should I get sign from legal heirs if the owners.Both the parties are doing financing business and they do real estate also.
See if both the owners are alive then sign from.legsl heirs are not required they are sole and absolute owners of the property and they both sign sale deed is enough.
In case the owner expired then the legal heirs need to sign the sale deed.
Hello,
1) If the property is self acquired by sellers, it is not required to get the legal heirs to sign on the Same Agreement as they have unfettered authority to sell their property.
2) You need to ensure that the two of them are parties to the Agreement.
3) Please make a search of the property through a searcher to ensure the title is clear.
Dear Client,
In their life time, legal heirs have no right in the property. Their signatures has no value.
if the same was purchased by them and they are only selling the same then you are not required to take consent from the legal heirs of the individuals as they do not have any right on the property.
Regards
This kind of signatures are required only in case of ancestral property purchase if the property holders have acquired the property then there is no need of anybody's signature
My concern is both the seller has some ancestral property and doing agriculture as well as doing financing business, do their legal heir can claim in future this is a joint property if they haven't signed the sale deed? As per the land record, the property title is clear and my only doubt is does it come under joint family property? One seller has one maried daugheter and other one has one son and daughter both are away from the native place hence second seller is telling since they are not here, we can't bring them here. Also he is quoting, he has done many real eatate plot sale transaction without his legal heirs. Also in the sale deed, there is a statement saying that both the seller jointly purchased the property by their own earnings and no encumbrance in this property, if it comes in future they are going to solve the issue with their source of other properties. is it a standard statement? does it holds good in future? So I am little concerned about this. I have enquired about this with some laywer, each one gives different opinion. So looking for your opinion over here. Initially I went through one seller for price negotiation and he had promised to get sign from all legal heirs. Now he is backing off saying that other seller is not ready to bring his legal heirs. We had registered agreement but in the registered agreement, only both the sellers had signed. So, Please let me know what step should i take now to solve this?
1. While purchasing the said land, you shall have to take signatutres of both the title holders of their legal heirs in case of their demises, intestate.
2. In case the joint title holders are deceased, his legal heirs shall have to collect legal heirs certificates from the ward counselor of the local municipal Corporation before signing the sale deed.
1. First ascertain in whose name the current title deed of the land stands at the Registrar's office.
2. If the title of the property stands jointly in the names of the said persons, then there is no need to take the signatures of their legal heirs on the said sale deed.
No if purchased out of there own funds then they have no claim over it still to be on safer side if you are suspicious take affidavit from all the legal heirs. If purchased by own self it is not joint property it is self acquired and owner has complete right to dispose same.
Yes it is a standard statement and further they promise to indemnify you against losses. Yes it hold good as indemnity clause.
See if it is not possible for legal heirs to come they can make an affidavit stating that they do not have any objection on sale of property further they have no future right to claim same and it is acquired by funds of father and they wont file litigation on same.
If you feel it is ancestral property insist that seller legal heirs sign the sale deed
2) if property was purchased out of earnings of seller then his legal heirs consent is not required
3) if legal heirs are working abroad or in India unable to execute sale deed they can execute registered POA to sell their share in property
The registered title deed will show the names of owners of the property now proposed to sell.
If the title holders are the vendors then the signatures from their wards is not necessary.
Your fears are unnecessary.
From the given information the wards of vendors need not sign the registered sale deed.
However to rule out any eventuality, you may obtain a proper legal opinion from a lawyer on this.
All the previous title documents preceding the sale deed in the joint names of the present vendors have to be scrutinised thoroughly, in order to render you proper advice.
Dear Sir,
Purchasing of property always have 20% risk. If you suspect anybody’s interest in such property then ask your sellers to get their signature as consenting witnesses to the sale deed or NOC on a Rs. 200/- non judicial stamp duly notarized. Better consult experienced advocate along with all the documents.