No u need that certificate
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
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
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.
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.
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
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.
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
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.
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....
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.
- 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.
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.
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.
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.
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.
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.