Buying a property wherein one of the owner is deceased
03-Oct-2023 (In Civil Law)
What are the checks required before registration of a property wherein one of the owner is deceased ?
If you are buying a Jointly Owned property and one of the said joint owner is deceased then, the right of the said deceased Owner will devolve on his legal heirs as per the succession law applicable to the said deceased if he has died intestate. It is therefore necessary to ask legal heirs of the deceased to get heirship certificate from the concerned court.
Co-owner has to intimate the Registrar of Societies about the death of the Co-owner & require to submit Death Certificate, so as to bring himself on record as the Sole-owner of the Property while registering such property.
Parallely, the Co-owner should get the Share-Certificates transferred to his own name from the name of the deceased Co-Owner, for which, he has to approach the Society.
To get the Registration of a Property done to his own name, the Co-owner has to pay Registration fee + Stamp Duty fee to the Registrar.
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