• Katha not transferred to legal heirs

I intend to purchase a house plot. Owner and his wife are deadd. His one son and two sisters are legal heirs. They say that their father left behind a will bequeathing 1/ 2 share to son and 1/4th each to other two sisters. 

Katha is not transferred to legal heirs. 
Succession certificate has not been obtained from the court by legal heirs.
Can I proceed to purchase the property?
Asked 2 years ago in Property Law
Religion: Hindu

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10 Answers

Until and unless you confirm the list of legal heirs even though there is a Will bequeathing the property, it is not advisable to venture into the purchase of this property.

If they claim ownership through Will, ask them to first get the property mutated to their respective names as per the contents of the Will.

Once the Will is enforced, it will be evident that they have clear and marketable title to the property, after which you can obtain a legal opinion from an experienced local lawyer and proceed with the proposed purchase if recommended.  

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

dont purchase the property

 

2) mutation of property has to be done in name of legal heirs 

 

3) also insist for probate of will

 

4) probate is judicial proof that will is genuine 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

1.  Khatha transfer in the name of son and two daughters has to be done before you buy the property. It's a pre-requisite document for getting the property registered in your name.

2.   Succession certificate is not compulsory in certain states in India.

3.   Before proceeding to purchase the property get the property papers vetted by any Lawyer and based on his opinion you decide whether to go ahead or not.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

1. Seek this will from them which they are talking about.

2. Ask them, if they have got their names mutated in the revenue records on the basis of the said will.

3. When you have all the docs(the will and the revenue docs), get due diligence of the property done through a lawyer.

4. Only then proceed ahead with the transaction

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

First, please engage a competent lawyer to check if the Will is genuine. If so, insist on death certificate of the Testator and legal heirs certificate. Ask the lawyer to peruse all the title documents and render his/her written opinion on the matter before you proceed to buy the property.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

- As per law, after the demise of the parents , his property would be devolved upon all their legal heirs equally. 

- Since, there is Will in the name of son and two sisters. , then they can get the said property legally. 

- Further, for transferring the katha in the name of them, they should approach the court for probate the Will , and also to remove the chances of challenging the Will. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

It is not advised that you purchase the property without the proper documentation. Please get the will claimed by the seller verified before purchasing the land. 


Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear client,  

1.If the property is the ancestral property then all the legal heirs has to execute the sale deed.

2. If there is any other documents to show that they are all the legal heirs then that document is sufficient.

3. If any term mentioned in the Partition Deed like there are no other heir left, then there is no other document needed.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

Validity of WILL is important. Rest things are optional.

Tell them to provide copy of WILL.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

If you are sure that there will be no encrumbrance later then you can proceed. It’s better to take noc of all legal heirs in the same

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

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