• Regarding legal heir certificate

Respected Sir,
One Mr.Ramesh had two acres of agricultural land in his possession till his death in 2004. In 2004 after his death one person Mr.Suresh (claiming to be his son, apparently his son) converted the property into residential plots and sold one of the plots to Mr.Ravi duly via registered sale deed in Sub-Registrar Office, after a few years Mr.Ravi sold this plot to Mr.Vinay and Mr.Vinay sold it to Mr.Arun and I would like to purchase this same plot from Mr.Arun. There is no double registration, the EC is very clear as the chain of successive owners is not in dispute. It has been more than 20 years since it was first sold and also death certificate of Mr.Ramesh is available. 
(1) There is no legal heir certificate available, so can another person other than Mr.Suresh come and declare himself as legal heir and claim ownership of this property?
(2) Can Mr.Suresh himself create any problems in the future regarding this property?
Asked 10 months ago in Property Law
Religion: Hindu

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9 Answers

Yes, anyone claiming as legal heir can file a dispute suit.

In the absence of proper legal heirship certificate it will not be advisable to purchase the property however you may obtain a proper legal opinion from an experienced lawyer in the local 

T Kalaiselvan
Advocate, Vellore
90058 Answers
2499 Consultations

Mr Suresh cannot claim the land as he has already sold the plot to Ravi 

 

2) whether Suresh was the only legal heir of Rakesh is the issue .if he had any siblings they can claim share in property 

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

  1. A legal heir certificate is issued by revenue authority like MRO, Tahasildar to legal heirs of a deceased State Government or Central Government for pension purpose or employment purpose. Such certificate  is not issued for immovable property.
  2. Proof of descend like Aadhar, school certificate, ration card is valid proof of legal heirship.
  3. As you have clear EC and chain of transfers, you can purchase the

 

 

Verify the following  documents…

  1. Encumbrance certificate from SRO to know previous transactions if any.
  2. If the transaction through GPA, the original gpa.
  3. If the flat is owner share/builder share check building agreement, obtain owner-builder agreement (certified copy).
  4. Sale deed of vendor and link from vendor’s vendor (all originals).
  5. Sanctioned plan from municipal authority.
  6. Only if you all the above document verified only than you proposal for loan will be considered.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Had Mr. Suresh Got land mutated in his name and other legal heirs of Mr. ramesh? Was there due partition among legal heirs? had legal heirs relinquished their rights in respect of land in favour of Mr. suresh? Mere death certificate of Mr. ramesh is not sufficient. Though mr. suresh cannot create issue but other legal heirs can do. verify the facts and documents verified before proceeding to purchase the land. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Yes he can but he needs to submit requisite title documents for the same 

Prashant Nayak
Advocate, Mumbai
34572 Answers
249 Consultations

1. As per law , the legal heir certificate is not mandatory to transfer the ownership of a deceased person to his family members , and it can be transferred by mutation  in the name of legal heirs. 

- Hence, you can check the first sale deed executed by Mr Ramesh to know his status in the said property. 

2. No, as the property has been sold multiple times. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Since the property originally belonged to Mr. Ramesh, and there is no legal heir certificate available, the following legal aspects need to be considered before purchasing the plot:


1. Potential Claims by Other Legal Heirs:

  • In the absence of a legal heir certificate, other legal heirs (if any) of Mr. Ramesh can come forward and challenge the transaction, claiming ownership rights.
  • If Mr. Suresh had siblings, a spouse, or any other legal heirs who were not part of the transaction, they may have a right to challenge the original sale made by Mr. Suresh.
  • Under Hindu Succession Law, if Mr. Ramesh died intestate (without a will), his property would be inherited equally by all Class I legal heirs (wife, sons, daughters, and mother). If Mr. Suresh sold the land without the consent of other legal heirs, they can challenge the sale.


2. Potential Claims by Mr. Suresh in the Future:

  • If Mr. Suresh was the sole legal heir and had complete ownership at the time of sale, he should not be able to raise any future claims.
  • However, if there were other heirs who had a right to the property and Mr. Suresh had sold the land without their consent, those heirs could challenge the transaction, and Mr. Suresh may later claim that he did not have full authority to sell.


Precautionary Steps Before Purchase:


  1. Obtain a Legal Heir Certificate: Although the EC (Encumbrance Certificate) is clear, insist on a legal heir certificate to confirm Mr. Suresh's authority to sell the land.

  2. Public Notice: Before purchasing, issue a public notice in newspapers inviting objections, giving any potential claimants an opportunity to come forward.

  3. Title Search & Indemnity Bond: Conduct a thorough title search, and ask Mr. Arun to provide an indemnity bond stating that he will bear liability in case of any legal dispute.

  4. Legal Opinion: Consult a property lawyer to verify all documents, including the chain of ownership, to ensure that the title is clear.



If there is any doubt about Mr. Suresh’s exclusive ownership, it is advisable to obtain a legal heir certificate or a family settlement deed from all possible heirs before proceeding with the purchase.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
504 Answers

  1. Can another person claim to be a legal heir and dispute ownership?

    • Yes, if Mr. Suresh did not obtain a legal heir certificate or a mutation entry in his sole name, other legal heirs (if any) of Mr. Ramesh (like wife, other children, etc.) could potentially claim a share in the property.
    • However, since more than 20 years have passed, any claim may be difficult due to limitation laws (except in rare cases of fraud or hidden heirs).

  2. Can Mr. Suresh create problems in the future?

    • If Mr. Suresh sold the plot without a legal heir certificate or succession proof, he might later challenge the sale claiming he had no right to sell it alone.
    • If no objections were raised in the last 20 years, the risk is lower.


Precautions Before Buying:


Get a legal opinion to verify if Mr. Suresh was the sole heir or if others could claim rights.
Obtain a written declaration/indemnity bond from Mr. Arun stating he will be liable if any dispute arises.
Publish a newspaper notice before purchase to check for any objections.
Check if mutation records are in Mr. Arun’s name.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
2124 Answers
16 Consultations

Dear Client,

Since there is no legal heir certificate, any third person who claims himself to be a legal heir of Mr. Ramesh can approach and claim ownership of the property. But since the property has been legally completed for over twenty years and its Encumbrance Certificate (EC) is clear, such a claim would fail as being too weak. As per the Limitation Act, claims based on inheritance are under 12 years of limitation. The chances of a valid claim are weak-distant ones.

Possible Problems from Mr. Suresh: If Mr. Suresh had properly transferred the property through registered sale deed, he had in fact relinquished his right of ownership and he cannot lay a claim to the property thereafter. If he had posed himself as the exclusive heir with other legal heirs who had been there, the actual heir can contest the transaction. The court during such instances so that it can look into the validity of an earlier sale can verify whether it had been transacted in a lawful manner or not.

As a precautionary Measures: A clear title can be acquired only after it is ascertained whether a legal heir certificate or family tree certificate can be procured from the revenue authorities. Also, a public notice in a newspaper calling for objections to the purchase should act as an added precaution. It is recommended that, before proceeding with the purchase, the revenue records be checked for any pending claims and a legal opinion obtained from an experienced property lawyer. In view of no disputes in the last 20 years and the property changing hands several times without a hitch, the risk is low. However, due diligence is imperative to avert future complications.

 

Anik Miu
Advocate, Bangalore
11021 Answers
125 Consultations

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