Request company to execute sale deed in favour of younger son and one of the sisters
enclose consent affidavit of other legal heirs
get sake deed vetted by lawyer
Sale Deed clarifications
A property#1 was allotted to Public Sector employee by the company in 1990 through Agreement, but without any Conveyance/Sale deed. The allottee expired early 2000 with 6 legal heirs (2 sons and 4 daughters) still alive. The elder son (legal heir) has another property#2 belonging to the demised father in his possession currently. So he opts to not interfere in property #1. Only one sister wants her share from property#1, so property#1 will be shared between younger son and one of the four sisters. Before purchase of younger sons share, I seek legal opinion noting that the sale deed procedure in the name of legal heirs will proceed shortly.
Asked 3 years ago in Property Law
Religion: Muslim
8 Answers
Your question as understood by me is, property is allotted to father by his employer PSU. There are 2 sons and 4 daughters surviving. Only one son and one daughter will share the property. Son/brother wants to his half share of daughter/sister. If son executes a gift deed as donor his sister will incur less stamp duty. If a sale deed is executed, buyer will be paying around 6 per cent of market value of property os stamp duty.
Firstly the property has to be conveyed by executing a registered sale deed in favor of the legal heirs of the deceased employee/allottee.
Since the sale agreement/allotment was done in favor of the employee, if at all the company has to transfer the property, it can do it in the name of all the legal heirs of the deceased allottee only and not by excluding one of the legal heirs in the sale deed, that may not be proper as per law.
Therefore you may better consult a local lawyer with the available papers and proceed only if recommended because the seller should hav a clear and marketable title to the property he desires to sell it to you.
- Since, no sale deed was executed in the name of the allottee , then the said property cannot be transfer mutually in the name of legal heirs.
- Further, as there is an agreement , then his legal heirs can apply to the company for transferring the said property in the name of all the legal heirs after executing sale deed
- Further, the sons can release their respective share in the name of sister after executing a Relinquishment deed or they can transfer their share by way of gift deed or sale deed.
- Or, the sons can also give their NOC to the said company for transferring the entire property in the name of sister only.
Is it mandatory for me as Purchaser to ensure that the Sale Deed has the name of the portion owner I.e Seller (younger son) only
Asked 3 years ago
Sale deed should reflect name of seller ie younger son
It is essential that the seller should have an undisputed clear and marketable title to sell the property.
An immovable property bought from a defective title holder is not proper and legally null and void sale
Dear client,
The deed is executed by all the parties and all pages of the deed are signed. The deed should be witnessed by at least two witnesses giving their full names, signatures, and addresses. The buyer should ensure the title of the seller is clear before the execution of the sale deed.
Thank you.
It's better you get into a registered settlement deed with all of the legal heirs in the said property.
