• Can legal heirs execute development agreement + GPA on a deceased persons property

Mr X owned self acquired land 10 Guntas through a Sale deed in 1980 and he died in 1993 and he left a registered will. He was survived by 3 children from 1st wife viz 2 sons 1 daughter and 1 daughter from 2nd wife and second wife. 1st wife is presumably dead and there is no death certificate. There is no legal heir certificate from court. Mr X owned 10 Guntas of land.Before his death 6 Guntas was mutated in the name of 1st wifes daughter's husband Mr Y and there is no sale deed,gift deed or any transfer document. 4 Guntas mutated in the name of 2nd wife daughter's name before the death of Mr X and there is no gift deed or any transfer document . Registered will was never utilised to inherit any property by anyone after death of Mr X . However registered will states that Mr X wants to give 4 Guntas of his land to 2nd wife's daughter.Now 3 children from 1st wife and second wife along with her daughter and Mr Y have all collectively executed Development Agreement cum GPA in favour of 1 construction company for only 6 Guntas of land as the 4 Guntas has been sold by 2nd wife's daughter to a third party. Now the question is can the 3 children of 1st wife along with 2nd wife's daughters and 2nd wife and Mr Y who is husband of 1st wifes daughter execute Development Agreement cum GPA in favour of construction company for developing flats without clarity with respect to who are the legal heirs of Mr X. Is it safe to buy such property?
Asked 8 days ago in Property Law from Hyderabad, Telangana
Religion: Hindu

Do not purchase the property 

 

 

2) legal heirs ought to apply for probate of will 

 

3) probate is judicial proof that will is genuine 

 

4) mutation does not confer title to property 

 

5) it is for payment of property taxes only 

 

6) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
69582 Answers
4181 Consultations

5.0 on 5.0

Don’t finance the property 

 

2) if there is registered will apply for probate of will 

 

3) in alternative registered deed of family settlement can be entered into among the legal heirs 

Ajay Sethi
Advocate, Mumbai
69582 Answers
4181 Consultations

5.0 on 5.0

You can challenge the development agreement as the same is bad in law. The actual distribution will be as per the will only. The aforesaid mutation or transfer if any is bad in law

Prashant Nayak
Advocate, Mumbai
14897 Answers
25 Consultations

4.6 on 5.0

See if all the legal heirs has collectively executed the JDA then there is no risk as there is no other legal heir remaining so no claim on the property can be there so yes they all collectively have right to convey property if no will is probated in case.

Shubham Jhajharia
Advocate, Ahmedabad
21308 Answers
83 Consultations

5.0 on 5.0

See as banker you can seek mutation and EC certificate also you can see title report of the property. Further for on safer side the land can be mortgaged also indemnity bond can be taken.

See if the beneficiaries in the will had agreed to condition of joint development then there is no issue.

Shubham Jhajharia
Advocate, Ahmedabad
21308 Answers
83 Consultations

5.0 on 5.0

Yes, you can make sale deed with 1st wife legal heirs and son in law no issue and financing them.

Ganesh Kadam
Advocate, Pune
8481 Answers
70 Consultations

4.9 on 5.0

- Since the said property was a self acquired by Mr X by way of Sale deed, and further due to having legal right to transfer the same by way of WILL , Gift etc, hence the documents executed by him are having legal value , and non challengeable. 

- As he mutated 6 Funtas land in the name of Mr Y, without any Transfer documents like Sale Deed/Gift Deed/Will, Hence Mr Y has not got a better title in the property as per law , becuase:

- Mutation of property is the recording in the revenue records the transfer of title of a property from one person to another.

- The mutation in the municipal records is for the purpose of payment of property taxes and it does not mean a legal title to the person to whom the property has been mutated.  

- Otherside, as the said property came into the possession by way of a Registered WILL, hence after the death of Mr X , this WILL is non - challengable , and further legally it is not mandatory to be probated a WILL ,  hence it is safe to purchase this property. 

- Yes, they can execute Development Agreement cum GPA in favour of construction company for developing flats.

- But, For a Banker , and to take loan , this documents are not enough and safe in my view.

- For banker to finance on this property , it is safe to have a Probate Order from the Court.     

Mohammed Shahzad
Advocate, Delhi
1219 Answers
22 Consultations

5.0 on 5.0

Since X transferred his some portion of property to the husband of a daughter  earlier during his lifetime, the husband is now roped in as one of the successors in interest to the same  property now being developed, hence besides the original legal heirs of the deceased, this Y also joined in the row.

However there is no legal infirmity ion it even though the mutation records are not title documents  hence Y cannot claim any share in the property as a right.

If you have any objection to this then you can either seek clarification or drop the proposal to buy the property if your doubts are not clarified.

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

As a banker, you can handover this aspect to the panel lawyer, who will scrutinize the entire documents and would call for legal heirship certificate issued by a competent authority besides other relevant documents to recommend sanction of loan for this property.

The lawyer would find more such formalities to be complied by the so called legal heirs in order to get loan on this project, hence you may act on the advise and recommendation of the panel legal adviser.

 

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

1. Registered POA can be duly executed by "ALL" the relevant Legal Heirs of the decease with mutual consent as "confirming & consenting parties" alongwith indemnity bond to indemnify any futuristic probable claim by anybody and to indemnify against any type of losses to the opposite parties.

2. The above can also be done for a "Family Settlement Deed", for transfer /mutation of Title and all rights.

Hemant Agarwal
Advocate, Mumbai
3004 Answers
17 Consultations

5.0 on 5.0

Probate not compulsory, Heirs fully empower to execute GPA and development agreement. Husband of daughter has no right.

Yogendra Singh Rajawat
Advocate, Jaipur
14988 Answers
19 Consultations

4.6 on 5.0

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. Vague answers will not give you the exact relief. 

Mohammed Mujeeb
Advocate, Hyderabad
12143 Answers
4 Consultations

4.5 on 5.0

No it is not safe until they have legal heirs certificate issued from tehsildar or court. 

But If they have legal heirs certificate then it will be safe to go ahead with development agreement.

Mohit Kapoor
Advocate, Rohtak
5151 Answers
1 Consultation

5.0 on 5.0

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