• Transfer of property named on a deceased woman

Property A is in the name of a lady X, the property document states X has purchased the property in her name.
X is deceased death certificate available ,and has three sons and one daughter .. anyways the family is producing a family certificate where legal heirs mentioned or only three sons. 

Among the three sons., The second son is deceased and his spouse was predeceased (both death certificates available ) and its stated that the above deceased pair didn't have any children (household certificate availble - but there is no any legal heir or family certificate obtained ) 

The other sons are willing to sell the property to me ..claiming one half of the shares of the undivided properties each and registering it in my name .. 

Can we buy the property from these two., When there is no family certificate available for the deceased pair . 

Pl suggest how the documentation should be prepared and what are the key documents to be produced.
Asked 3 years ago in Property Law
Religion: Hindu

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27 Answers

Ask legal heirs to obtain letters of administration from high court as deceased died intestate 

 

2) it takes only 6 months if there is no contest 

3) then only purchase property 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. The property, if X died intestate, devolved on all her children including daughter equally.  Daughter too had a 1/4th share in it.

2. Since one son is dead and his spouse predeceased him his share has devolved on the remaining three siblings including daughter.

3. As the daughter also has a share she too has to be a signatory to the sale deed, unless she has released her share through a release deed in favour of her surviving brothers.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can buy but later it can have issues with title if other heirs object. It's not a clear title. It's always better to seek property with clear title

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

You can purchase this property by preparing strong sale deed mentioning encumbrance and indemnity clause.

 

Do let me know if you want to Draft a sale deed.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1. Firstly if the deceased lady X made no will and also their is no relinquishment deed from daughter, the daughter shall have equal share in the property.

2. Further for deceased brother whose wife predeceased in legal heir certificate is required. Also the certificate made for lady X is not valid as name of daughter is missing from same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hello,

  1. First of all, the deceased was survived by 4 heirs including the daughter. Her exclusion is not permissible as she or her heirs can make a claim and your title can be questioned.
  2. Secondly, as you guess, there must be a certificate showing that the deceased pair have no legal heirs and to that effect a newspaper publication before the purchase.
  3. Before you enter into the sale agreement insist on the sellers making the title clear about all the stake holders,ie., their sister and No Heir certificate for the deceased brother. 

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

Since on death X all her three sons and one daughter inherited her property in undivided 1/4th share each, the sons of their legal heirs can be transfer more than 3/4th share in the property. 

In other words the purchaser without adding the daughter of her legal heirs can not become its full owner. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

They should have the registered documents in their name for the share of the property. 

If they don't have family Certificate than their ownership title is not clear 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Daughter has one fourth share in property on her mother demise 

 

mother has not executed will bequeathing property to 3 sons only 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

No, this is not valid WILL , its just legal heirs certificate.

If its written in proper WILL format than you can accept that.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

- Since , the property A was purchased by the lady X , hence she becomes the owner of the self acquired property , and she was having all right to transfer the said property A to anyone without others interference. 

- The family certificate where legal heirs mentioned only three sons, after leaving one daughter cannot be termed as a Valid certificate , and this certificate can be cancelled by the said daughter legally. 

- If lady X died without leaving any WILL , then her property A would be devolved upon the three sons and one daughter , and the certificate cannot snatch the right of daughter . 

- Further, if any son has died , then his respective share will go to his legal heirs accordingly. 

- The claim of seller on the ground of legal heir certificate is invalid in the absence of a WILL , and the consent of daughter is mandatory .

- If you purchase the property  A , without the approval of the daughter of against the rule as i mentioned above, then your Sale transaction would not be a valid transaction in the eye of law. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

1. What about the husband of woman " X " ?. Is he alive or dead?. If dead, his death certificate is a must.

2. Whether the Woman " X ""die intestate?.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

They can't obtain it when she is alive it's s fraud. You need to persons death certificate for the same. If the claim is based on that certificate then it's not valid

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Dear Sir,

The property is safe for buying, but it is suggested that while writing the sale deed the complete details of the family tree etc. and the present status be clearly mentioned. It is will be the best if the property is get mutated on the name of the sons and then it is sold to you.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. What about the husband of Woman " X ", is he dead or alive?. If dead, his death certificate is a must.

2. Whether the Woman die intestate?. This is the crucial factor to determine the ownership.

3. Whether the parents of Woman " X " alive or not?.

4. A certified Family/Genealogical Tree from statutory authorities has to be obtained, including the daughter of Woman " X ".

5. Whether the property in the name of Woman " X " was her self acquired property or ancestral property?.

6. Answers to above mentioned queries will determine the opinion as to whether you can go ahead with the transaction or not.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

Daughter also have 1/3rd share in the property. LHC mentioning only sons as legal heirs is forged. Even if there is WILL, daughter is class I heir. Through WILL, property may have bequeathed to sons only.

IF X has executed the WILL, ask them to provide WILL.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

A false declaration does not set the wrong into right. 

So I reiterate the legal heir certificate can bit override the law and if you buy this property and the legal heirs of the daughter challenges this sale then sale of their share would be invalid making them 1/4th share holder in the property. 

So purchase it at your own risk. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. Legally "legal heir certificate" is highly insufficient to for transfer of immovable property/s.

2. IF lady "X" has died without leaving her WILL, THEN "ALL" are legal heirs (3 sons and 1 daughter) have EQUAL right /stake /claim in deceased Mother's properties, without any exceptions, whatsoever.

3. You may purchase this property, PROVIDED "ALL" the residual legal heirs (2 sons and 1 daughter), sign with mutual consent on the registered Sale Deed as "Confirming & Consenting parties". This will avoid any futuristic disputes or claims from any body.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

As X died without leaving a Will, her property A shall devolve equally upon all her sons and daughters. The statement that only sons shall inherit is legally incorrect. All the legal heirs should execute the sale jointly in favour of the buyer.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

Yes it is valid 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

A declaratory suit must be filed and all the heirs of X be made a party and the death certificates must be annexed. They don't have any children so that too should be mentioned. An affidavit must be filed in this regard. Yes you can buy property from the otger 2 brothers although tge sister also have a share.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

That oral claim has no value. But still obtain an NOC from the sister.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

1. You may ask copy of will and also her legal heir certificate should be made after her demise not in her lifetime.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The property of the deceased woman shall devolve equally on all her legal heirs which includes her daughter and husband (if he is living).

Since one son is reported to have died and his only legal heir i.e., his spouse also died before his death, the property shall be share equally by her remaining two sons and the daughter.

The daughter cannot be excluded from allotting any share in the proeprty until she had relinquished her rights in the property by executing a registered release deed in favor of her cosharers.

The family tree certificate is not conclusive proof, because it can always be prepared by playing fraud.

As it is the daughter has been excluded which is an illegal and fraudulent act  by the vendors.

The vendors need to produce legal heirship certificate issued by the revenue department/Tehsildar.

In that the daughter's name should be mentioned as one of the legal heirs, if not, then it can be considered as a forged document hence it can be concluded that the vendors are playing fraud  and by making this hasty sale of the property they are trying to defraud the buyer and even would fix you into legal hassles in future..

The buyer will have to face litigation from the daughter if she is coming to know about this fraud sale of her share in the property.

Do you want to buy property or want to have an experience of court case and the stress  with hardships and litigation expenses  after buying this property which is being sold to you in a fraudulent manner.?

 

 

 

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

From the subsequent post it can be seen that vendors are upto the mischief of fraudulently selling the property without the knowledge of their sister.

The legal heirship certificate in respect of the legal heirs can be issued only to the deceased person.

There is no question of legal heirs for a living person.

The legal heirs means successors in interest to succeed to the property of the deceased.

Therefore they are telling lie after lie, i.e., by first naming it as legal heirship certificate and now they say that it is a Will.

If you want to get into legal complication and have sufficient time, energy and money to fact litigation and the court case in future, you an buy this property which attracts dispute.

The sellers do not have clear and marketable title to the entire property, hence you may better consult a local advocate and seek his opinion as well as recommendation.


From the subsequent post it can be seen that vendors are upto the mischief of fraudulently selling the property without the knowledge of their sister.

The legal heirship certificate in respect of the legal heirs can be issued only to the deceased person.

There is no question of legal heirs for a living person.

The legal heirs means successors in interest to succeed to the property of the deceased.

Therefore they are telling lie after lie, i.e., by first naming it as legal heirship certificate and now they say that it is a Will.

If you want to get into legal complication and have sufficient time, energy and money to fact litigation and the court case in future, you an buy this property which attracts dispute.

The sellers do not have clear and marketable title to the entire property, hence you may better consult a local advocate and seek his opinion as well as recommendation.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. This is wrong. Legal heir certificate is not a document of title.

2. Unless the will of X is reduced to writing in the form of a bequest, natural succession is not ousted.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. No you should not go for this purchase because the legal heirs certificate available with them is fake or obtained by providing fake information to revenue department.

2. Daughter of deceased owner is also a legal heir along with three sons. 

3. Another reason is that they also dont have legal heir certificate of deceased brother or his wife which should mention name of class II legal heirs that is brothers and sister of deceased brother.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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