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Legal heirs transfer property by signing in front of judge is it valid
21-Oct-2023 (In Property Law)
My father was one of the Tenant & in respect of Development of the said premises entered into an agreement (through Notary/Notarial Certificate) with Constituted Attorney/Developer(1st part)interalia provided that he will be provided accommodation free of cost & transferring/Selling to others shall obtain written permission from the party of the 1st part. After my father died 2006 all legal heirs(03) nominated me & my wife through Affidavit before the Executive magistrate 1st Class & original of the same also has been given to 1st party & receiving copy with us & then sale deed executed as full consideration money a sum of Rs one lac only through Cheque & same also mentioned in deeds & our 03 legal heirs also signed the same deed & after wards i have mutation the property & sell the property through sale of deed to other's party& present owner also mutation the property, Can legal heirs can transfer the property in this above way?can same point against me in future in legal case?
Yes, sign in front of the judge is valid. yes the legal heir has the right to sell his property. Without this procedure legal heir cannot sell the property.
1) A Succession Certificate issued by Court is a document that establishes ownership of the property in question in favour of the holder of the certificate. Under the law, a rightful owner can exploit or dispose of the property in any manner (s)he wishes. In short, yes, a court issued succession certificate gives the owner the right to sell the property.
2) If the Succession Certificate is issued by a Court, the same can be treated as a valid document. However, to be extra cautious, one can verify the veracity of the same by asking for the death certificate, the original sale deed of the property in question and an NOC from the other legal heirs, if any.
3) The general understanding of the term 'bayana' is earnest money. In case the seller insists on bayana in addition to the token that you have already given, it is advisable to procure from the seller a bayana receipt stating in detail the terms of the transaction, containing the details of the property, the amount already paid by you (including the token amount) and the timeline for payment of the rest of the amount. By creating a record of these details, it can be a document enforceable in court as an Agreement To Sell, thereby safeguarding your interests. Any amount paid to the seller that is unrecorded or undocumented will be difficult to recover as the same cannot be sufficiently proved in court.
1) A Succession Certificate issued by Court is a document that establishes ownership of the property in question in favour of the holder of the certificate. Under the law, a rightful owner can exploit or dispose of the property in any manner (s)he wishes. In short, yes, a court issued succession certificate gives the owner the right to sell the property.
2) If the Succession Certificate is issued by a Court, the same can be treated as a valid document. However, to be extra cautious, one can verify the veracity of the same by asking for the death certificate, the original sale deed of the property in question and an NOC from the other legal heirs, if any.
3) The general understanding of the term 'bayana' is earnest money. In case the seller insists on bayana in addition to the token that you have already given, it is advisable to procure from the seller a bayana receipt stating in detail the terms of the transaction, containing the details of the property, the amount already paid by you (including the token amount) and the timeline for payment of the rest of the amount. By creating a record of these details, it can be a document enforceable in court as an Agreement To Sell, thereby safeguarding your interests. Any amount paid to the seller that is unrecorded or undocumented will be difficult to recover as the same cannot be sufficiently proved in court.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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