• Property without legal heir certificate

I'm planning to purchase a individual house from seller A. Seller A bought the land from seller B who is the son of deceased person. Seller A bought the land from seller B in 2009. All Sons and daughters of deceased person given their signature in release deed to sell this property. When i reviewed property documents, there is no legal certificate from seller B . is it safe to buy this property?  is any other alternative documents sufficient to prove legal heirs and avoid future problems as per the law? 

Your advice and guidelines deeply appreciated.

Thanking you in advance.

Regards,
Parthiban Raja R
Asked 1 year ago in Property Law from Madurai, Tamil Nadu
Religion: Hindu
Hi, 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. It is better get a legal opinion from the advocate and proceed further in the matter.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
The legal heir ship certificate is not mandatory if you otherwise sure than expect the person relinquishing their share in favour B there are no other heir left.
Check whether any such statement is made in the deed while B sold the land to A.
If yes you can safely proceed to purchase this property.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) is  the relinquishment deed duly stamped and registered?" 

2) is it the self acquired or ancestral property of B deceased father? 

3) whether on demise of father letters of administration has been obtained by B from district court 

4) dont purchase the property without having all the documents vetted by your lawyer 
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
If seller B was the sole heir of his deceased father then alone he could have sold the property in entirety at his sweet will. If his father was survived, besides B, by other heirs then the consent of each heir was indispensable to the sale of property unless all heirs executed a release deed in his favour. So you should ascertain if B was the sole surviving heir of his father. If the answer to those question is in affirmative then you go ahead and purchase the property. If the answer is in negative then you should purchase the property only if there is a release deed executed by other heirs in favour of the seller.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
1. What legal certificate from seller B are you referring now?

2. If A has purchased the land from B who had received NOC and release deed from other legal heirs, then the said purchase is legally valid,

3. Moreover, the said legal heirs can not raise any question now since the limitation period being 12 years has already been passed now.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
What do you mean by legal certificate?
Do you mean legal heirship certificate?
First of all confirm if the release deed has been registered or not, if not registered, then you can ask the vendor to produce the registered release deed or else this is not valid in law. 
You may take a legal opinion from a local lawyer  by producing the relevant documents/papers before him before paying any advance.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
1. You shall have to understand that risk and quantum of risk in buying the property without the legal heir certificate,

2. If you fail to collect it then after you purchase the property from A, anybody may appear to claim that he/she is the step brother of B and is claimant of share of his father's property. This is a hypothetical situation,

3. If there is a legal heir certificate, that risk is eliminated,

4.It is not very difficult to collect the legal heirs certificate wherein the legal heirs of B's father will be mentioned even now,

5. The decision to buy shall have to be taken by you depending on your risk bearing capacity and the ground reality.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) once release deed has been executed by legal heirs in favour of B then B would be absolute owner of the house 

2) A is bonafide purchaser of property 

3) you can proceed with purchas of property but do get all documents vetted by local lawyer 

Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
Hi, when all the legal heirs has executed release deed then it is not necessary to get legal heirs certificate.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
No legal heir certificate is required to sell the property if the title of seller is clear and marketable. The legal heir certificate cannot even be issued for an immovable property.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
The aspect of legal heirship certificate should have been taken care of by the previous buyer.  The previous buyer bought this property, obtained loan also based on the legal opinion given by the panel advocate of the bank after verifying the relevant documents, therefore the question of legal heirship certificate at this stage is unnecessary. 
The registered release deed should suffice the requirement, however if you want to be very sure about any other existing legal heir to the deceased original buyer, you may confirm the same through your sources,or even can obtain a certificate to this effect.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0

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