Insist that seller obtain letters of administration from district court 

2) enclose mother death certificate 

3) it takes around 6 months if there is no contest 

4) succession certificate is for only movable debts and securities

You can take indemnity bond but they should be there in your contact to make them indemnify. It's always better to hand succession certificate

1.  IF Father & Son are the only documented Legal Heirs and nobody else in the Family Tree and IF deceased Mother had not executed any WILL, THEN you can buy the property with joint signature of Father & Son, in the Sale Deed as "Confirming & Consenting signatories" by having proper strategic clauses in the Sale Deed.

2. You can also prefer to take a "irrevocable indemnity bond", from both the sellers, to indemnify you against any futuristic losses or claims, of any kind, whatsoever.  AFTER this there would be no other documents /succession certificate required.

See ask them to mutate the property in name of father and son, both son and father shall be vendor and you can take indemnity bond from both.

Further succession certificate is for movable assets it's not applicable for property so you don't need to worry for same.

Greetings!

Family tree issued by tahsildar holds the legal heir certificate so you dont have to worry you can proceed further not necessary to have indemnity bond even though just have a cross check by investigating if they have any other legal heir!!

Dear Sir,

There cannot be any issue since both the father and son willing to sign the Sale Deed.

Dear Sir,

One of the main differences between the two types of shared ownership is what happens to the property when one of the owners dies. When a property is owned by joint tenants with survivorship, the interest of a deceased owner automatically gets transferred to the remaining surviving owners.

In the case of more than 2 joint owners as Joint Tenants, the surviving joint owner gets a share in the proportion of ownership in the property. For example, Five people bought a property as Joint Tenants. In this one of the joint owner died. His share of 20% will be distributed among surviving joint owners. Each surviving joint owner will receive 5% share. Therefore, revised ownership pattern of the property will be 25% share each for rest four surviving joint owners.

In the case of tenants in common, assuming there are 2 joint owners (non-relatives). One of them die and there are 2 legal heirs of the deceased. In this case, the share of surviving joint owner will remain 50% even after the death of the joint owner. The legal heirs will get a share of 25% each. Here i am assuming that everyone has an equal share in the property.

Words of Wisdom: 

There is no right or wrong answer whether i should mention Joint Tenants or Tenants in Common in sale deed or sale agreement. It is situational in nature. It depends on how i would like to inherit my share in joint property ownership. The laws in India are a bit complex in nature. Even a mention of the type of joint property ownership can be contested by the aggrieved party. For example, in the case of Tenants in Common, the surviving joint owner may contest the transfer to legal heirs citing the source of funds.

Last but the not the least, it is advisable to read sale deed or sale agreement thoroughly. In case, any legal term or legal clause is not clear then it is better to seek a legal help. It’s a fact that mere mention of Joint Tenants or Tenants in Common in the sale agreement will not raise any suspicion at the time of execution. At the same time, a study of its implication will make you think twice before you sign.

Hi, 

You may get indemnity bond from the vendor and also get the clauses introduced in the sale deed that in case of any default on the part of vendor, you will be able to recover the amount or property at other location. 

SC dose not issue for immovable property. Family tree/legal heir certificate issued by Tehsildaar is valid document. Include both son and father as seller and not confirming party.

if both legal heirs willing to execute then you can go ahead. Succession Certificate is a document which is issued by the court for claiming movable properties by the successors of the deceased. 

- As per law, after the death of mother , property will be distributed amongst her legal heirs.

- Since, father has already obtained Family tree/legal heir certificate from the Tehsildar, and declared that the father and only son is the legal heir of the deceased.

- Hence, father should realease his share after executing a Release Deed in favour of the son to sell the property to you. 

- Or you can take an Indemnity bond separetely, from the father and the son , for your safety purposes. 

If there are only two legal heirs or successors in interest to the deceased mother, then as per the family tree certificate they have submitted, both have to jointly execute a registered sale deed in yor favor.

The son alone cannot be a vendor and his father a confirming party.

Both are vendors because the father is also entitled to a share out of his wife's share in the property as one of her legal heirs.

You don't need succession certificate for transfer of immovable property of deceased.

You can make registration on basis of legal heirs certificate and consent from both legal heir of deceased mother. 

Yes you can take indemnity Bond from seller.