Bank in order to sanction loan must have sought legal heir certificate from
A legal heirs
advisable to obtain legal heir certificate
Legal heir certificate
The property (flat) owned by one of my relatives (Owner A) was sold by his family (wife and children) after his death, 13 years back. There was NO will written by Owner A. The property was sold with approved sale deed and a notarized Legal heir certificate to Owner B. Owner B subsequently sold it to Owner C. Now, Owner C wants to sell it to Owner D and for loan purposes, Owner D is asking for the government authorized legal heir certificate from Owner A's family. Is this required by law, since the property has changed hands and Owner A's family has no link or ownership of the property. Please advise.
Asked 4 years ago in Property Law
Religion: Hindu
9 Answers
1. Notarized Legal Heir Certificate has no legal value.
2. YES. proper legal heir certificate issued by Tahsil office or local civil court is necessary to avoid any futuristic claims or disputes.
3. However, since property has changed hands multiple of times, the last legal resort is that the latest owner can give a irrevocable indemnity bond, undertaking to indemnify any losses or legal disputes related to the property.
Not require as per the limitations act. Buyer has to check current seller's documents and mentioned in the sale deed indemnity clauses.
Dear Sir,
At this distance time it is not required and more so there is no any complaint that the A was having any other legal heir. It is only a formal objection. If bank not accepting then approach another bank. Execution of sale deed and its acting upon is sufficient to make the title absolute.
See as supporting documents legal heir document from tehsildar can be obtained. Though since the property has changed hands it is not compulsory for A 's wife and children to provide same.
NO, neither possible to arrange now. A`s family may not be interested or take advantage of situation. Don`t think to contact them.
Notarized Legal heir certificate is not valid but sale is not disputed in 13 years. Change the bank.
In Karnataka there is no provision to issue legal heirship certificate however for specific purpose the revenue department issue the said certificate with conditions that this issued only for some specific purpose.
Hence the previously attached legal heirship certificate itself is valid because at this stage i.e., after 13 years, even the revenue department may not be able to issue the said certificate.
If the buyer is still insisting on it and if it is feasible to procure one you may proceed or you can change the buyer.
you should contact A family members to Obtain legal heirs certificate. incase if they are not in contact then change the Buyer.
1. No legal heir certificate of owner A is not required at this stage for taking loan on property.
2. But if he still needs the certificate he can make application for obtaining copy of linked documents of property from revenue office.
