it is necessary to peruse documents cited by you to advice
2) has probate been obtained of will
3) probate is mandatory in Chennai for Hindus
Property title is acceptable or NOT
Present Owner A had bought a property/flat in 2008 from X X had bought said property/flat from Y and her children (Y1/Y2/Y3) in 2007 Y had inherited the property (ONLY her not children (Y1/Y2/Y3) or husband's mother H1)from her husband H via WILL registered document Husband's legal heirship certificate states 20% ownership of all assets for Y/Y1/Y2/Y3/H1(mother of H) Husband dies one year before H1's demise. Property sold by Y/Y1/Y2/Y3 after H1's demise to X. Given above case history, is the property/flat legally safe for purchase or any added documentation/remedial documentation required. Also, present owner A has low chance of tracking Y and her family as he had purchased property from X.
Asked 2 years ago in Property Law
Religion: Hindu
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6 Answers
The property lineage do not appear to be genuine on the basis of the information you have provided here.
Therefore it is advisable that you obtain a legal opinion from a lawyer in your local or from someone from this forum and proceed only if recommended
You say that Y had inherited the property (ONLY her not children (Y1/Y2/Y3) or husband's mother H1)from her husband H via WILL registered document. If so, after the death of H, Y became the sole legatee entitle to an absolute and exclusive title over the property in question. Again you say that Present Owner A had bought a property/flat in 2008 from X X had bought said property/flat from Y and her children (Y1/Y2/Y3) in 2007. Where was the need for Y's children to join in the sale? It is not clear. The legal heirship certificate shall not override the Will. There is no need for any rectification deed.
Y is sole owner if property is H self acquired and WILL is duly executed. None have any share neither children nor deceased mother heirs.
Purchase the same after seeking no encumbrance certificate as welll as indemnity bond from seller
Based on the information provided, it seems that Y had inherited the property/flat from her husband H via a registered Will document, and then sold it to X with the consent of her children (Y1/Y2/Y3) after the demise of H1. As the property/flat has been subsequently sold to the present owner A, it is important to verify that the property title is clear and legally safe for purchase.
To ensure that the property/flat has a clear title, the present owner A should consider obtaining a comprehensive title search report from a competent lawyer or a professional title search agency. This report will help identify any discrepancies or defects in the property title and any remedial documentation required. It is important to ensure that all legal requirements for transferring the property were met during the sale, including proper documentation and registration of the sale deed.
In case Y and her family cannot be traced, the present owner A can rely on the sale deed executed between X and Y/Y1/Y2/Y3 as evidence of ownership. However, it is important to ensure that the sale deed was executed properly and is legally valid.
It is recommended to consult with a lawyer experienced in property law to review the title search report and ensure that all legal requirements for purchasing the property/flat have been met. This will help to avoid any legal disputes or issues in the future.
