• Is the legal heir certificate compulsory or not for the land purchase

My father died in 1971 and his death was not registered.Our property was divided in 2005.Is the legal heir certificate compulsory for the purchase of this land in 2020.which rule is mentioning that legal heir certificate is compulsory or not for the land purchase.
Asked 5 years ago in Property Law
Religion: Hindu

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19 Answers

1. See if the mutation is complete and their is no dispute pertaining to property and all legal heirs male and female is signing the deed than as such legal heir certificate for land is not required.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Legal heir certificate is necessary to check the real share holders of the said property. When the property is not devolved through will or other proper documents then the legal heir certificate is necessary

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

1) Legal heir certificate is not compulsory for land purchase

 

2)on father demise intestate property would devolve on his legal heirs 

 

3) for mutation of property in name of legal heirs you need death certificate of deceased father 

 

4) also advisable to obtain letters of administration from district court 

 

5) then only purchase the land from seller 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

1. A "Legal Heir Certificate" is legally not applicable for transactions /dealings in "immovable properties".

2. ONLY a Probate Decree or a Succession Certificate or a Letter of Administration, issued by Court is legally acceptable for transactions /dealings in "immovable properties", under the provisions of Indian Succession Act and Hindu Succession Act.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Purpose of legal heir certificate is to ascertain who are owners of inheirted land so for secure sale and purchase of land , it is necessary 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Hi

There is actually no rule to state that legal heir certificate is compulsory for land purchase,

It is practice for bank's and buyers to insist on legal heir certificate only to ensure that they are dealing with the right persons who are legal heirs .

Technically in your case, from the time of your father's death  you have been in possession of land, and that partition happened amongst legal heirs in the year 2005 (15 years back) and as such you were in constructive possession for more than 51 years and as such the mere fact of you being in possession will make your title perfect.

Also, your registered partition deed, mutation of names for purpose of property tax, electricity etc is sufficient proof of ownership and possession 

 

So, the options are 

Option 1 ) Your indemnity in sale deed alone is sufficient to protect the buyer in case of any claims at a later date. 

Option 2) Approach the court (i.e you and other Legal heirs) and obtain a legal heir certificate. This will take 6 -9 months , but may be of assistance in case of high value property transactions.

Hope this information is useful. 

 

 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

No, legal heire Certificate is not compulsory 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Legal certificate is not necessary if property is already divided. If you have any documents related to father and son school leaving certificate father's election card, or rationing card at that time. Any proof documents to shoe the relationship  between father and son exist which matches with the property card.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

There is nothing like legal heir certificate which is statutory requirement in  any state. 

However there is proof of death required to get clear title of the legal heirs of the original owner. 

So the only option left is to make an affidavit affirmed before the First Class Magistrate regarding date of death and number of legal heirs. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

- As per law, no legal heir certificate is required for purchasing the land. 

- After the demise of father , if the property was divided in 2015 , then all the legal heirs of father is having his free right to sell the same to any one. 

- But, if there is no document for the said divide of the property done in 2015, then all the legal heirs should entered into a settlement deed/partition deed after mentioning the details of respective share . 

- Further on the ground of this settlement/partition deed , they can entered their respective portion in mutation record. 

- Then you can legally purchase their property without any trouble in future. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If he was the owner then how could the property be divided without informing the authorities that he had died. The certificate is necessary in order to divide his share of the property.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Ma'am/Sir

Legal heir certificate is not compulsory for purchasing land or any other property. The object of legal heir certificate is only to ascertain who are the rightful legal heirs. 

If there is no dispute on this issue and the current ownership is settled, then there is no requirement to obtain such certificate. 

Best wishes.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

The legal heirship certificate issued by the revenue department would confirm the actual legal his so that the buyer cannot be fooled by the seller stating tht they are the only legal heirs leaving a few or one or two legal heirs.

The left out legal heirs would file a suit to cancel the sale deed since their share was sold fraudulently by the other shareholders.

If you are still in doubt yo may better go through the transfer of property act and also the succession laws for more clarity

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Hindu Law and Indian Succession Act apply for the Succession Law and  certificates for Indian citizens while dealing with lands in India.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Legal heir certificate is not mandatory for the purchase of land.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

As per the law of succession, the property goes to the legal heirs and the legal heir certificate may be required to prove that the present owner is the lawful owner by way of succession.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

It is not mandatory.

You can given public notice calling for objections if any, against purchase of the property.

You can insist the seller to obtain Letter of Administration.

Further, you can obtain an Indemnity from the seller to indemnify you in case of any third party claim.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

LHC not required. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Legal heir certificate is not mandatory for purchase of property but it is for purpose to show that owner are rightful owner of property as per legal heir certificate.

2. To make buyer sure that there will be no legal dispute or claim from family of seller. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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