I brought a sub-division land from a legal owner holding good tile, later I interested to buy & register the full portion or whole of Survey Numbered land. In this regard I seek for the legal owners of those all sub-division in that survey later I came to know that all those legal owners had expired/died in 1960's than I tried to locate their legal heirs along with their legal owners death certificates, it also could not possible. Since, it was two generation lapsed old property and hence nobody is holding the original parent land documents, their details about legal heirs, no legal heirs certificates, and legal heirs also not determinable & could not able to locate. But, only document I gathered & know in this regard is PATTA in the name of those person died on 1960's and when I try for online EC it reflects for the period from 01/01/1987 with "No encumbrance" found on it, with no transaction from such period still now. I also little more tried and determined few far relatives who stated their willingness to sign, sell & register those land to me, but they states they does not holds any legal documents connected with those land. Now, my question is how can I buy, register those lands making genuine transaction to get proper good tile to me..??? Kindly advise in this regard with full detail explanation & step by step procedure also. My email ID is [deleted]
1) on demise of the owners of land legal heirs have to apply for and obtain letters of administration from district court for said land
2) enclose death certificate of owner
3) if there are no objection received they would be granted LA by court
4)then apply for mutation of property in their names
1. Without a valid sale deed registered from all the legal heirs of the Patta holder , no valid title will pass on to you.
2. Form the information you have supplied it is certain that there is no certainty on the number or actual legal heirs of the original patta holder.
3. if that is so then even if you buy the land from the existing legal heirs, you would not become exclusive owner of the same if even a single legal heir is left out.
4. So purchasing these lands is full of danger and not advisable to you.
5. Before taking any decision do scrutinise the papers from a local advocate.
Hello,
The available legal heirs will have to file a declaration suit with a prayer that they are eligible to sell the property and that the same has not been sold to anyone else before.
Once the same is done the legal heirs can then may sell off the property to you.
Regards
Write to tehsildaar about the property, he will issue notice in news paper, if any left to have claim in the property, Either after inquiry, Tehsildaar will declare if any heir have a lawful title or property will declare escheat - heir less/vest in govt. In both situation you can purchase the property, either from legal heir or govt.
Whose name is showing in revenue records ?
The question is whether those now claiming to be relatives of deceased persons are entitled to succession legally. In the light of the facts stated, it will be difficult to prove they are so. It is better not to evince any interest in such property.
As there is no owner or heir avoid buying the land as it may lead to some unforeseen consequences.
Sir if there is no clear title or clear document then straight way sell is not possible. See if the legal heirs are not there then distant relative can obtain a letter of administration but they are there then he shall not get that also as children or first second class legal heirs where about should be known.
At this stage it is not recommended to move ahead with the sale if you don't find actual legal heirs and the court order and documents.
Further if nobody is looking after it take possession of it start tilling it if the person original owner comes claiming the property you can purchase from him at less price due to your possession.
That legal heirs far of relatives need to secure succession certificate from court and then only they can transfer the same legally
Dear client
You should Go for registration of property from the end of the relatives as no legal heir of the property owner is found.
Then you can look for Class II heirs of the owner if still you don't find them also then AGnates and after that Congnates
Class II Heirs
AGnates is A person is said to be an agnate of another if the two are related by blood or adoption wholly through males. Agnate relationship does not extend to relationship by marriage and is restricted to relationship by blood. Also, agnate does not include widows of lineal descendants of the intestate.
Congnates
Cognates are ones who are related to the intestate by blood or adoption but not wholly, through males. Thus mother’s brother’s son and brother’s daughters son are cognates, eligible for heirship.
If you find any one of these than you can apply for legal heir certificate in the revenue office by name of that person by mentioning relation of person with the owners make mutations of the land in that person's name and after that you can buy property from that person
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.
