1) ask sons to obtain letters of administration from court
2) succession certificate is fir movable debts and securities
3) legal heir certificate would not serve the purpose
4) letters of administration takes around 6 months
Buying property from sons whos father died without will??
Hi , I am buying flat from sons whose father died 1 year ago , But Father doesn't made any will Sons are selling property to me so which documents they need to sell flat legal heir certificate is enough or Succession certificate required to sell property. Generally how long time take to received these certificates. I am planning to buy through home loan so banks also be satisfied with documents. plz guide me Property is located in Thane Maharashtra. Thanks Irshaad!
Asked 7 years ago in Property Law
Religion: Muslim
5 Answers
An affidavit stating the legal heirs is enough though succession certificate is preferred.
Secession certificate is generally issued within six months of application.
1. Since the father died intestate, his wife and all the children are entitled to equal share in the property.
2. As per your narration the Sons' of the deceased person are selling the property to you. If their mother is also not alive and the Sons' do not have any other sibling, then they shall have Absolute right to sell the property to you. In case they have sister/sisters, the sisters are also entitled to equal share. Ask for certified Family/Genealogical Tree from the Seller/S to get to know if any other person/S are entitled to any right over the property.
Sir , What is process to get letter of administration from court? What will be expense for process? Should they go to lawyer? which documents needs to submit? Their mother is no more ,they are 3 brothers? Bank asked me to get legal heirship from court? is it enough for home loan?? Thanks & Regards Irshaad!
Asked 7 years ago
1) you have to file petition for letters of administration in district court
2) enclose father death certificate
3) mention name of the legal heirs of the deceased
4) pay court fees as per valuation of property
5) legal heirs have to contact lawyer for obtaining LA it woukd take 6 months
6) even fir obtaining legal heir ship certificate petition has to be filed in district court
They require the original title deed and the death certificate of parents. If a legal heir certificate has been obtained by them then it is icing on the cake. Succession Certificate is required for only movable assets. Before purchasing the property you should conduct due diligence in the office of sub-registrar to ensure that the title of the property is free and marketable.
