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Purchase property without succession certificate is it invalid


01-Mar-2023 (In Property Law)

Dear sir/Madam,I have bought partially constructed house at 10 August from all class 1 heirs (mother and all sons) of a owner who was dead. They had applied succession certificate order from SDM court at June and got order at 16 th August (after 5 day of my registry). Now an officer objecting to mutate it at my name saying without succession sale is invalid.I had taken loan as well and consulted with laywer .I want to understand did I make any mistake (and how to correct if at all it is ) any where or really officer harassing me . Thanks in Advance for guidance.

Answers (1)

Answer #1
554 votes
Dear Sir,
Without Succession certificate, the sale is invalid because all the class one heirs had no legal title in the property and they had no right to sell the same to you.
It is settled principle of law that the owner can sell the property but in your case the class one legal heirs have till date not obtained succession certificate and nor the said property is mutated in their name.
Hence the mutation officer is right in saying that the said sale is void.

Please feel free to contact in case of any clarification

Regards
Pragya Wazir

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