Death and Legal Heirship document
Hi Sir/ Madam, I am trying to sell my land which was purchased in 1997 from sellers A. This was an inherited property from B. A constitutes son and grandsons of B and has been mentioned as legal heirs of B as per sale deed. B passed away sometime in 1980's and we did not get the legal heirship document and death certificate from A. Now, we are trying to sell our land to another party and while they took legal advise, this legalheirship and death certificate has been requested. I am unable to get through my sellers (A) and I am not sure if I can get these documents now. Please advise if there is an alternate document I could produce or are these mandatory for 19 year old property. Thanks for your time and advIse
Asked in Property Law from Chennai, Tamil Nadu
1) you need death certificate of B
2) without A death certificate how can A can sell the property ?
3) similarly you need legal heir certificate or letters of administration issued in in favour of A so that he can sell the property
4) contact the selller for these documents
1) For A to have clear title and to prove the inheritance the the legal heirship certificate and death certificate are being required. At the time of your purchase of the land these documents ought to have been provided by the seller to you.
2) It is only A that can provide you with the documents required. Unfortunately there is no alternate documents that can be produced in place of them.You need to trace A to procure the documents.
3)The only other alternative you have is to file a declaratory suit in the court to get an order by the court declaring your title and provide the copy of the order to the buyer.
It is only appropriate that the prospective seller would demand the death certificate of the original purchaser. However, a legal heir certificate is not required if the mutation in favour of the heirs has taken place. You should ask your seller to deliver a copy of death certificate of B to you. The certified copy of death certificate can also be obtained from the municipal corporation.
Try contacting Municipal office for death certificate of B
Also you can get copies of Legal Heir certificate of B from Mandal Revenue office.
Normally a sub-registrar will not register property documents if Death certificate or legal heir certificate is not there.. So somewhere these documents should be available.
Any way it is more than 35 years since you are in possession of the property and hence technically there is no need for these documents as documents more than 30 years old are presumed to be true and moreover you are in possession of property for more than 35 years. try this logic with your buyer's legal guys, he will accept.
I am unable to get through my sellers (A) and I am not sure if I can get these documents now. Please advise if there is an alternate document I could produce or are these mandatory for 19 year old property
If the buyer is insisting on the legal heirship certificate, he is right in his insistence, you cannot refuse him.
Either you have to trace out the legal heirs and obtain the legal heir ship certificate from them or to approach court with suit for declaring your title in the property. The court decree will be more than sufficient to sell the property without the legal heirship certificate of the previous vendors.