If the title of the property is clearly , the ownership is transferred vide court order then there is no issue based on the POA the elder sister can execute a sale deed in your favour and register same. Further in my view you should get the title search of the property and search report from local advocate as there too many legal heirs so the lawyer shall give you a report on that the title is proper or not.
Property registration
Dear Sir / Madam, I've inquired one property in Tamil Nadu. The property belongs to Grandfather and gave to his Son (by B-Schedule). he has two wife's & 10 childrens & many grand childrens Once he died, His childrens are not taken dead certificate & legal heir so they all approached court and got the certificate while taking legal heir 1 (Woman) out of 10 were died so her 5 children’s names are included in legal heir and later one more woman died, and she has 2 childrens & husband which will not be in legal heir So now they want to sell property for settlement as they all spread across TN state, so all of the them gave Power of Attorney to one elder Sister to sell and do the settlement Life certificates also taken by them for PoA Is any legal issue or any other documents to check or acquire from them? Kindly advise
Asked 7 years ago in Property Law
Religion: Hindu
11 Answers
is POA duly regsitered ?
2) how was property given by grand father to his son ?
3) was it by gift deed ? is it duly stamped and registered?
4) it is necessary to peruse court orders passed in above matter
5) it is better you contact local lawyer
6) obtain his written opinion that tile is clear and marketable then only buy property
There is no issues on ownership title and all docs are including PoA are duly registered & Stamped Father (Dead)==> Son (Dead) (Gift Deed so property at presently in his name only) ==> 10 childrens (2 Dead) & Many Grand Childrens ===> here 1/10 grand childrens names are not included in legal heir bcoz 1/10 (she) died after the legal heir, 1) So should we include them also in legal heir / or any other document / amendments is required / PoA from those 2 grand childrens & her husband enough /or any other procedures are there 2) Court order is only for legal hair since they forgot to take dead certificate of their father 3) What are the documents should I ask from PoA holder in order to make a sale deed thank you in advance
Asked 7 years ago
the legal heirs of deceased children have 1/10 th share in property
2) signature of other grand children are not required as children are alive and can execute sale deed
3) insist on original title deeds of property , receipt of payment of latest property taxes , no dues certificate from cooperative housing society if property is flat located in society
Dear Client,
Your details is confusing. Well, after grand father death, his property would have inherited by 1/11th each.
Grand children have no share except where there either parents expired. In this case, grand children whose parent expired, his/her involvement in sale necessary or POA.
POA by all in favor of one sufficient to act on their behalf to sell the property.
1. The POA and consent from grand child remain has to be taken .
2. That death is on order then only court have legal heirs certificate.
3. The previous deeds , revenue extracts.
Grand children signature not required.
Childrens can execute a sale deed.
No other documents required take NOC from all the legal heirs and proceed it Registration
- As per the information mentioned in the present queeh, makes it clear that the property is having several legal heirs of two different wife’s of the deceased.
- Firstly, you should see as to who all are their vetoing what extent of share, only then diced as to whose your are going to buy and also suggest you to go with clear mapping of the property to specific your specific share against others.
- After that, there is no problem in executing the POA for executing the property transaction, of it has been created in the favour of a close relative, like in the present case.
- Legal heir certificate may not be issued even without having the death certificate as this is the important documents to prove his non existence and relation with the present seeking legal heir certificate.
I need to peruse the documents to offer an opinion
I am available to take calls after 14.30hrs daily.
My number is available in google .
Regards
G.Rajaganapathy
You have stated that one more woman died who was survived by husband and children.
They also form one among the legal heirs, hence their signature or consent is also necessary.
You may first obtain a legal opinion from a local advocate before proceeding.
Since another legal heir died, her own legal heirs are to be included in the sale deed and a registered power of attorney deed has to be obtained from them also separately in favor of the seller who would executing the registered sale deed in your favor.
You may better approach a local lawyer who will guide you about all other documents that are to be obtained in addition to the documents the seller is possessing and also for a proper legal opinion.