ask seller to provide death certificate of actual owner and legal heir certificate 

as on date title is not clear and marketable . dont purchase the property 

1. In the circumstances and without having to conduct any documentary proceedings, you may execute a Registered Sale Deed, wherein "ALL" the residual & available Legal Heirs of previous owners alongwith the present owner, shall mutually & jointly sign on the Sale Deed as "Confirming & Consenting Parties".  This will permanently remove any legal lacunae /hitch and nobody would be able to claim or dispute on such property.

Seems doubtful. 

Get all required documents and go for registration. 

Regards 

G.Rajaganapathy 

High Court of Madras 

forget it dont purchase the property 

Death registration was always mandatory. You can purchase without LHC and DC. no issues. As a precaution tell him to issue paper publication.

Basic requirement in order to purchase an immovable property is clear title flow alongwith the Genealogy of the actual owner.

In case on hand, you say that, the Death certificate and legal heirs are not available, as such, there is no clarity about the title flow.

Without the death certificate, legal heir certificate and genealogy of the deceased, it is not advisable to purchase the property.

Paper publication will be issued calling for objection if any to know if any third party claims are there on the said property.  It is of no use for you.

It is highly risk to buy the property without ascertaining the actual legal heirs of the deceased proeprty owner, this can be ascertained only by obtaining the legal heirship certificate issued by the revenue department.

The risk in this that at a later date another person may stake his claim over his rightful share in the proeprty and may drag yo to court of law with a civil litigation, then you may have to run between court, house and other commitments, wasting your valuable time, energy and money on unnecessary litigation due to the fault of not ascertaining the facts of this property at the time of purchase. 

Until the death certificate is not produced how can you ascertain that the property owner is died?

Please remember that the power of attorney deed is not valid and stands automatically cancelled upon the death of the principal who has executed this POA deed.

There appears to be some fishy item at the background.

The registration of the death was mandatory from time immemorial.

This is a vague answer and cannot be relied or legally enforceable.

You may ask them to produce these two vital documents and then obtain a legal opinion from  a local lawyer and proceed only if recommended. 

When the actual owner dies,if you're buying the property,you have to see whether the property is a self acquired property or inherited from ancestors.if it is self acquired, you have to verify the original death certificate and legal heir certificate and all other relevant documents.

You may contact a lawyer in the local who practices in service law for further advises and suggestions to move on.

1. I don't  think that at time of current purchase you need legal heir certificate or death certificate of seller who sold the property in year 2000. 

2. You can take affidavit from seller Rambabu who was POA holder of legal heir of owner at that time or ask him to take an affidavit from legal heir and provide it to you. 

3. Indemnity clause of sales deed will protect you from any irregularities of previous transactions so you don't have to worry about those legal heirs certificate or death certificate.

You need to file a police complaint and news paper publication for the same