hello
the property was A's and he died and afterward B purchased it .kindly be clear so that i can answer the question.
regards
Validity of sale deed registered after death of buyer
Hi i have a peculiar circumstances i wan to buy one property example that property is blongs to A where "A" was entered in the sale agreement in 1995 it was urban celing land where this was registed in his name on 1997 from B before that in 1996 "A" was died is that sale deed is valid or not can i buy this propoerty from their legal hiers. please suggest my mail id sumi_nerella@ rediffmail.com
Asked 7 years ago in Property Law
Religion: Hindu
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12 Answers
hi the property was B's ( its an association) sale agreement with A on 1995 he died on 1996 but unknown to B they regiested in the name of A it self and given regiestered documents to thier legal hiers , Right now the property in the name of A only their legal heirs want to sell
Asked 7 years ago
It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .
If A died in 1996 then the sale deed is not valid the sale deed should have been legally registered in favour of legal heirs of A.
The legal heirs need to file a declaration suit or B or legal heirs of B need to re-register the property based on agreement in favour of legal heirs of A then they can sale.
You are confusing with details which are irrelevant to each other.
If A has the marketable title and he is not alive whereas his legal heirs are willing to sell the property then you may obtain all relevant documents and take a legal opinion from a local lawyer to proceed with the purchase on the recommendations made.
If the property is registered on A's name and it is still on his name alone without anyone claiming any right over the title so far then it may be the property of A, you can think of buying it provided your lawyer recommends after perusing the title document as well as other relevant papers attached to this property.
1. The property cannot be registered in favour of a dead person. Since A had passed away after the execution of agreement to sell the sale deed could have been registered only in favour of A's legal heirs.
2. The legal heirs should now firstly apply for mutation and then file a suit for declaration to declare that they are the owners of the property. Unless they obtain such a decree from the court the property should not be purchased.
On demise of A sale deed ought to have been executed in name of his legal heirs
2) how can it be registered in deceased name after his death
Don’t purchase the property
You can buy
Dear Client,
Transfer in A name not valid as he was already deceased but his ownership is secure. Now his legal heirs are owner and can sell it.
The sale deed can be registered in favour of legal heirs of A
Not in favour of a dead person
The seller of A needs to register sale deed in favour of legal heirs of A or register a confirmation deed in favour of heirs
