Wife and 2 children have to execute registered sale deed
2 sons cannot be mere witness to sane deed
Legal Heir Certificate
I am planning to purchase a flat in Hyderabad. The flat is jointly owned by a couple.Husband died intestate (without will). The couple has two major sons. As it takes time to obtain legal heir Certificate, wife of deceased is willing to sell the flat without legal heir Certificate while her two sons will sign as the sale deed as witness..Will there be any problem with this .As the wife of deceased is not absolute owner of the property, I am wondering if she can legitimately sell it. Alternatively,.Can all parties i.e. mother and her two sons together be the vendors and sell the flat..is there any other way out to buy this property legitimately without any hassles.
Asked 3 years ago in Property Law
Religion: Hindu
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9 Answers
Hello Ajay Sir. Thank You for your response. So can Wife and her 2 children execute sale deed without Legal Heir Certificate? The documents are in the name of wife and husband. So How can children be vendors in the absence of legal heir certificate.
Asked 3 years ago
Flat has to be transferred in name of wufe and children
then only sale deed can be executed by wife and children
Get the property mutated in the name of surviving wife in the records of GHMC with NOCs of sons. With record mutated, wife can register sale deed with sons as attesting witnesses. Having signed as witnesses sons cannot create any legal problem in future. There is no need to go for any legal heir certificate.
Only the party or parties that have his/their name/s as seller/s in sale deed can register subsequent sale deed in favor of purchaser. Legal heirs can only sign the sale deed as consenting witnesses and that is sufficient to validate subsequent sale deed.
First of all it will not be known how many legal heirs are there to succeed to the estates of the deceased in the absence of a legal heirship certificate issued by competent authority.
The mother of the deceased is also one of the legal heirs.
Besides, the wife of deceased is not an absolute owner of the entire property
Therefore it is pertinent that the other legal heirs have to execute the sale deed jointly along with the wife of the deceased.
Don't rush to buy the property in a hurry without confirming the clear and marketable title to the vendors.
You may first obtain a proper legal opinion from a lawyer and proceed only if recommended.
You are absolutely right that without the legal heirship certificate the list of legal heirs/successors cannot be confirmed hence it is not advisable to go ahead with the purchase of property without ascertaining the entire shareholders and everyone signing the sale deed jointly.
Dear client IT is advisable to purchase the plant after getting no objection certificate from the heir and order to get a no objection certificate you have to ask them to get a legal heir certificate
yes all in legal heirs can execute sale deed in above case
- As per law, after the demise of husband intestate , his share in the property would be devolved upon his all legal heirs equally including wife as well.
- Further, if the two sons are major , then they can release their shares in the name of mother after executing a registered Relinquishment deed
- However , you can purchase the said property if wife , and two sons sign as a vendor of that property .
