You can do the above and mention the same. Take NOC of all legal heirs by putting na clause in sale deed.
Buying property from Intestate heirs
My Father had executed the Sale deed for Person X and in turn that person went for Registered Sale agreement with my father on the same day to sell the property to my father itself with three years time period by paying the balance amount, My father had sent certification of post to come and execute the sale deed as per the sale agreement during the last month of the time period and Person X didn't respond and after the time period of 3 years, the very next month we had issued the notice to perform the contractor, the above case went on for 32 years, only in lower division the case has won by us and the remaining division it got dismissed. Till now the property Title is with Person X and the property Tax is with my Father . In the mean while Person X has been deceased 14 years ago and no will has been written by him. He has one Son and 4 Daughters. Even though they won the Case now. They Expressed willingness to sell the property back to my Father for today's market price. I wanted to know as it was earlier my father property and also still the tax and utility bills are in my fathers name. only the property title is with deceased Person X name. now let me know what all the documents we need to buy this property at earliest ? From their Side all the legal heirs are ready for execution of sale deed, But should we need to change the tax name to deceased person and then do the registration as they do check in the system by registrar office before executing the sale deed? should we mention the old case numbers in the sale deed and say we have done the comprise and now buying out the property ? Basically we want to buy this property legally in correct way as my father went through legal fight half of his life, i am keen to bring this end.
Asked 7 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
15 Answers
See mutation can be changed based on the sale deed executed in favour of party X, then to legal heirs and then it can be changed back in favour of your father.
You need old sale deed and sale agreement to buy the property.
The registrar office ask for copy of revenue/municipal record /extract of the land during sale .
Mutation of property has to be done in name of legal heirs . Then only property tax bill would reflect name of legal heirs
2) for mutation they need to obtain letters of administration as their father died intestate .
3) legal heirs can then sell property to you by registered sale deed
4) it can be mentioned that on basis of settlement arrived at property is being sold to you
Dear Sir,
Such legal hurdles can be removed by Court order you have to mention everything in the sale deed to avoid future complications. If case is pending and both of you are ready to compromise then enter into compromise with legal heirs of deceased file an application under Section 151 CPC praying to the Court to issue directions to concern Sub-Registrar to accept the registration without insisting the so called tax paid receipts are any other document and get registration from the legal heirs of the deceased.
1. the legal heirs of X will need a letter of administration from court
2. the administrator will then transfer the property to your father with consent of the legal heirs
3. if LA is obtained by legal heirs then that it is enough for registration of sale deed in name of your father and there is no need to change the tax bills from name of deceased to legal heirs at registration stage
4. you can however take a POA from the legal heirs or the administrator to do all acts to enter the names of the legal heirs of X in the property tax records
5. the history of the case can be stated in the recital portion of the sale deed to be executed between the administrator and your father
1. Property can be purchased from the residual Legal Heirs of Deceased, ONLY IF "ALL" the Legal Heirs are party to the new Sale Deed, with mutual consent and signatures. the entire history of past events should be recorded in the new Deed. They should also give POA and Indemnity Bond in favor of your father, for any future adverse circumstances /disputes,
2. There is no need to change status of any current documents on record. AFTER above, proper mutation of the property with the relevant authority should be done immediately.
Keep Smiling .... Hemant Agarwal
1.both partys should compromise and withdraw the dispute from the court. Order XXIII of Code of Civil Procedure deals with "Withdrawal and Adjustment of Suits". Rule 3 of Order XXIII stipulates as to how "compromise of suit.
2. With the consent of all legal heirs you can execute a registered sale deed .
1. Receipt of payment of Tax Bill is not the identifier of the ownership of the property but the record with the Registrar about the Title Deed is.
2. So, register the Sale Deed in favour of your father by paying the stamp duty.
3. You should collect the legal heir certificate from them to ascertain who are the declared legal heirs of the said deceased person's properties.
If you are keen on purchasing this property you may go for compromise decree and get the property sale deed executed in your favor by a registered sale deed.
The taxes and other transfers may be done as per law which will be notified by the department concerned once you approach them for this purpose.
Hello Team, yes we are keen on buying this property. Could you please tell us how do we go for Compromise decree ? What all the options we have left with to register this property when only all the legal heirs are ready to sign for us other than they getting us the required documents? they have the legal heir,original sale deed and death certificate documents with them and also we are planning to go for registered sale Deed first before we want to go for paying taxes. let me know what all the precautions i need to do and the clause that needs to be put in the sale deed ?
Asked 7 years ago
If there is a compromise decree stating that the parties to the dispute have agreed for sale/purchase as per the terms and agreement arrived among themselves, then you can on the basis of the compromise decree and other relevant documents pertaining to the property, may proceed with the registration of the sale deed in your favor.
1) you can file consent terms in court wherein civil suit is pending
2) on basis of consent terms compromise decree has been passed by court
3) registered sale deed can be executed by legal heirs
4) before execution of sale deed mutation of property should be done in name of legal heirs
1. Get sale deed of the property registered in favour of yor father.
2. You should collect the original link deeds, legal heir certificate and get the sale deed registered by all the legal heirs in favour of your father.
3. The sale deed shoud have a mention of the agreement of sale their deceased father had entered in to with your father.
Order 23 Rule 1 of CPC talks of withdrawal of suit or a part of the claim in a suit. The order of CPC discusses out of court settlement without naming it.
See all the legal heirs can directly sign a registered sale deed in your favour which can be properly stamped and executed before the sub -registrar as the title of the property is with the legal heirs. See if proper sale deed signed by all legal heirs is there then there wont be any issue.
You include that all the legal heirs have relinquished their right in the said property. Also take a indemnity bond from them that if any claim arises hen they will make good the loss.