• Documents required to buy property with joint ownership

Hi ,

 I am going to purchase property from seller with complications as below
 
 Preoperty was registered in the name of seller's father and mother in 1964.Seller's father passed away in 1974 and the death was not registered at that time.
 In 2010 , seller's mother and thier three daughters sold their shares to the seller and there is no legal heir certifucate.
 Could anyone please advise whether it is safe to purchase property without death certificate and legal heir certificate of deceased father
Asked 5 years ago in Property Law
Religion: Hindu

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18 Answers

No u need that certificate

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Please ask vendor to provide Death  certificate and legal heir certificate. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

The lack of death certificate or heirship certificate is not going to make any dent in your title. 

So if indeed the father has died and your seller bought the property from his legal heirs then there is nothing to worry. 

However to be on the safer side you can make personal enquiry on this front. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

In 1974 the must have show some other documents but not a death certificate so the daughters names are appearing on property card. It's ok to purchase only check all mutation papers are there on all legal heirs name for the current year and last 15 years.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

It's not safe as the title is defective. There can be claim in the said property any time later in life by any legal heir

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

These should be obtained by them. As they are all in agreement to sell the property tgwte is no problem as they are the only heirs. But still these documents are important.

Ask them to file an affidavit that they ate in agreement with the selling of the property. They don't have the death certificate.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Don’t purchase the property 

 

2) you need death certificate of deceased father 

 

3) on his demise property has to be mutated in name of legal heirs ie wife and 3 daughters 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

Your case is not clear. 

Please discuss living legal heirs, their presence, location, occupation and full particulars about occupation and profession whose share are attached to the property. 

Why are you interested in buying property from a person whose title and interest in the property is not cleared and complicated?

Ancestral Property cannot be sold even to relatives when other legal co-parceners are deprived of their shares by those who are selling the property without the knowledge of all co-parceners. 

It is a legal complication which would make you worry for life time untill all co-parceners have consented to sell their share in the property. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

No. All documents are required. 

Regards 

G.Rajaganapathy 

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

1.  You may purchase the Property, PROVIDED  "ALL" the Seller's sign on the registered Sale Deed as "Consenting & Confirming Parties", before the local SRO with digital photo & thumb impression, two witnesses etc....

2. AFTER above the Seller Parties will not be able to create any legal dispute with you for any type of claims etc.... 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If the seller's mother and his sisters relinquished their respective undivided shares in favour of the seller by means of a release deed, it would be reflected in the EC. Please obtain a copy of the release deed and verify it with the EC. If all the previous documents are in order including the sale deed in the names of the seller's father and mother, you may proceed with purchase of the property. However, get the opinion of a local lawyer by producing all the documents for his scrutiny.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

- Since, the said property was registered jointly in the name of sellers father and mother , then after the death of father his 50 % share will go his legal heirs i..e wife and children . 

- Further , as the seller has purchased the said property from mother and three daughters in the absence of legal heir certificate , if any legal left from his respective share then he can claim share in the future. 

- Hence , in your case , the main important document is Legal heir certificate , and the said seller can get even now after submitting his fathers death certificate including the details of legal heirs before the Tehsildar. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

To secure the purchase at least ask for legal heir certificate for your safety.

If you are confirm about the family of seller than can buy the property.


DC and LHC do not necessery. 

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Dear Client,

You need to inspect Sale Previous Sale Deed. If you have any confusion regarding the title of the Property, you may get a Property Search Report from a Lawyer. 

 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

It is not advisable to purchase the property without the proof of death of the original owner.

Even though it may have been bought on the joint names, the share of the deceased can be sold by the legal heirs or successors in interest, a proof of the legal heirship certificate is also essential.

Therefore just obtain a proper legal opinion from a local and experienced lawyer before buying the property and proceed only if recommended.

 

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

1. Yes it is safe to purchase the property if currently the property is on name of seller.

2. You can check the mutation records of property to check that property is mutated on name of seller or not.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir/Madam,

You are suggested the said property may be purchased and ensure that the correct facts are entered in the sale deed. Further get the mutation done in your favour as soon as possible. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Get a SPA done from them in your favour and get the registrations done on your name. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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