• Legal heir rights on father's acquired property

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.
Asked 5 years ago in Property Law
Religion: Hindu

13 answers received in 1 day.

Lawyers are available now to answer your questions.

18 Answers

it is self acquired property of seller 

 

2) you don’t need consent of their legal heirs 

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you are not aware about the nature of the property.
  2. Either it is an anscestral property or self acquired property, whenever we are going to buy any such then we should inquire little about the back ground of the property as law only says to just inquire, no need to go in detail.
  3. You can go to the registrar’s office to get to know about the chain of documents with respect to the same property which you are willing to buy.
  4. Then you decide as to from whom you should take NOC, and also go to the police station to know about if any litigation is not going on with respect to the property.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

Dear Client,

In their life time, legal heirs have no right in the property. Their signatures has no value. 

Yogendra Singh Rajawat
Advocate, Jaipur
22635 Answers
31 Consultations

4.4 on 5.0

yes you need to take their signature as well as NOC for the same.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Check title deed if both partners are sole owner then no need for NOC from legal heirs. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

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. 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

How come property become ancestral when it was purchased by sellers from their own earning ?

 

Yogendra Singh Rajawat
Advocate, Jaipur
22635 Answers
31 Consultations

4.4 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84917 Answers
2195 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84917 Answers
2195 Consultations

5.0 on 5.0

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.

Swaminathan Neelakantan
Advocate, Coimbatore
2796 Answers
20 Consultations

4.9 on 5.0

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer