Hi , I am planning to buy a property. Property owner has died and there is a transfer deed executed in favour of one of his son after his death. And this son who has transfer deed in his name is trying to sell to me.Now I have a worry here that how shall I be confirmed that other sibling will not raise their owner ship claim on this property later. Is this transfer deed legal ? Thanks in advance for your feedback.
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1 it is not clear what sort of deed is executed in favour of the son.
2. it is not clear how the same ws done in favour of the son when his father already died by that time.
3. If the property owner during his lifetime made any registered deed of conveyance like gift deed in favour of his son then only he can sell the same to you now.
4. otherwise all his siblings have equal undivided share in it and this man alone can not sell the property.
Do get the title deeds checked by a local advocate.
Who executed transfer deed in favour of son ? Kindly clarify
2) his sibling has to execute gift deed or relinquishment deed to transfer or relinquish his share in property
3) it should be duly stamped and registered
Some correction. The transfer deed when executed between father and son at that time father was alive. Father has signed the transfer deed at that time. Do I need to check anything further. I am not aware whether father is currently alive or not. Transfer deed is duly registered.
Once gift deed is executed duly stamped and registered by father son woukd be absolute owner of property and can sell the property
You need to check if he has NOC of all other siblings. All other siblings has to relinquish their rights in the said property being legal heirs
In this case you have to consider that the property is a self acquired property or of ancestral nature and properties is of ancestral nature the transfer will not be valid as the other siblings will have the share in the property but in case the property is the self acquired property of the father and transfer has been made by the father then this transfer is a very transfer and there is no problem in purchasing of the said property another case in use no objection certificate from other siblings to sell the property and there should be clear cut explanation on how the consideration will be passed on to other siblings
1)the first step is to understand the inheritance process i.e. how the seller inherited property.
2) You can insist on including all the legal heirs of the deceased as confirming witness. In short, all legal heirs should be signatory as a confirming witness in the sale deed.
3) You can consult a lawyer whether the proper process is being followed or not.
4) You can include an indemnity clause in the sale deed specific to the inherited property.
Better consult a local lawyer with all documents.
Better consult a local lawyer with all documents.
Better consult a local lawyer with all documents.
Better consult a local lawyer with all documents.
Was it the self acquired property of the father or ancestral property?
Regards
You may take a NOC from other legal heir once before purchasing or make a publication in the newspaper before purchasing.
In case there is some dispute between the legal heirs then the heir might file a case in the court and the property wil becomes a subject matter of litigation thereof.
Regards
First clarify the nature of the deed and whether this was a registered deed or not. Further inform whether the property was ancestral property of father or not.
If the father made a registered deed of conveyance in respect of his self acquired property then his children have got no say in it.
1. If the property in question was the self acquired property of father then he had every right to transfer it to anyone including his son. There are no fetters on the right of true owner to transfer his property at his whims and fancies.
2. Conduct a thorough title search in the office of sub-registrar to ensure that title of father was free and marketable.
3. If you are not aware of whether father is currently alive or not then be aware of it.
See if the transfer deed executed by father is properly stamped and registered and in the record the name of son is reflecting than you can go ahead and purchase the property.
IF the deed is properly registered then you have to take chain documents of the property and the person owner can sign a registered sale deed in your favour, you don't have to take NOC from legal heirs.
1. Transfer /Gift /Sale Deed/s executed during Life Time is 100% legitimate, PROVIDED the same is for self-acquired properties and not ancestral properties.
2. Property can be safely purchased from this Son based on this legally conclusive Deed, BUT as precaution, take proper indemnity bonds from all the other legal heir of the deceased.
Keep Smiling .... Hemant Agarwal
nothing much to worry, however, property generally bring disputes...............
I advise you to get the signature of his father (if alive) and other siblings with the photo on transfer deed to be executed in your favour.
Dear Sir,
Certainly you have to get death certificate of the father if died or else you have to take signatures of all the legal heirs as consenting witnesses.
The so called transfer deed is a registered document or an unregistered document.
Who executed this transfer deed to the seller?
Whether the other legal heirs of the deceased property owner have executed any registered release deed in favor of this seller relinquishing their rights in the property?
You may better obtain a proper legal opinion before buying this property.
If the property owner had executed a transfer deed by a registered document to the seller then he becomes the absolute owner with marketable title to the property however it is advisable to obtain a proper legal opinion before purchasing the property.