• Requirement of Legal Heir document for buying a property

HI All

Myself Sujin S T from Chennai .
1)In 1958 Mr Samantham Bought one property
2) IN 1995 Dhanalakshmi (D/o Samantham)Sold this property to Kabilan
3) Danalakshmi Have the Patta , Chitta and Adangal in her name 
4) Also Kabilan have patta , Chitta and adangal in his name

Now I am planning to buy this property from Kabilan .

Whether the death certificate and legal heir certificate for samantham is  required or patta , Chitta and Adangal is enough in Dhanalakshmi name
Asked 1 year ago in Property Law from Chennai, Tamil Nadu
Religion: Christian
) how did the daughter inherit the property?

2) was any will made by father or he executed gift deed in daughter name ? 

3) are there any other legal heirs of samanatham ? 

4) before purchase of property check the original chain of documents . contact a local lawyer . 

5) you would need death certificate of father , legal heir certificate etc
Ajay Sethi
Advocate, Mumbai
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Since Dnalakshimi has already sold the property I find no reason why she would supply you the documents you are insisting for.
Just make private inquiry and if you are satisfied with her sole ownership then go ahead purchasing the property.
Devajyoti Barman
Advocate, Kolkata
6864 Answers
78 Consultations
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please contact a local lawyer in this regard . obtain written opinion that title is clear and marketable then only purchase the flat 
Ajay Sethi
Advocate, Mumbai
27166 Answers
1472 Consultations
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As per your question first you know the how many legal heir of the Samantham , whether he is executed any will before he died , you have to go through all the link document from Mr Samantham to Kabilan and Issue a public Notice in New paper and consult local lawyer to verify each and every documents before you purchase
Mazher
Advocate, Hyderabad
57 Answers
6 Consultations
Not rated
The death certificate of Mr. Samantham and also his legal heir certificate is necessary to conclusively prove the title of the property in the name of Dhanalakshmi.
Krishna Kishore Ganguly
Advocate, Kolkata
13544 Answers
291 Consultations
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1. The said Patta, Chitta and Adangal can be challenged by any one later on,

2. The death certificate of Mr. Samantham and also his legal heir certificate will establish that the  Patta, Chitta and Adangal in favour of Dhanalakshmi is genuine.
Krishna Kishore Ganguly
Advocate, Kolkata
13544 Answers
291 Consultations
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If there was inheritance by Dhanalakshmi or she succeeded to the property and she has the instrument of transfer along with mutation sanctioned in her favour then you do not require the death certificate or legal heir certificate of her father. 
Ashish Davessar
Advocate, Jaipur
19555 Answers
506 Consultations
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A Patta or a Chitta Adangal is not a title document.
A registered sale deed alone is the title document to the property.
If the property bought by Samantham was transferred to his daughter Dhanlakshmi, you may verify that how it was transferred on her name and whether the previous owner transferred it by executing a registered settlement deed or by bequeathing the same through a Will or whether the co-sharers executed a registered release deed relinquishing their rights in the intestate property of Samantham n her favor, if so how many co-sharers executed the same and how many legal heirs survived the deceased, whether the legal process of transferring the property Samantham in hr favor was followed or not.  This verification is essential so that you can avoid any possible litigation by a any legal heir of the deceased Samantham at a later stage seeking partition and his share in the property because there is no limitation for filing a partition suit.
You can ask Kabilan to produce the details as mentioned above and can show them to a local advocate to seek a proper legal opinion on the proposed purchase of this property to confirm the safety of your invested amount. 





If there is no death certificate and legal heir certificate, Whether it is acceptable if , the  Patta , Chitta and Adangal is in Daughters name .
A patta cannot be changed on her name without a death certificate of the property owner and same is the case with the Chitta adangal too. 
T Kalaiselvan
Advocate, Vellore
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165 Consultations
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