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How can property be acquired without obtaining legal heir certificate
09-Nov-2023 (In Property Law)
I purchased a self acquired property from one of the legal heir at 2016. The said legal heir obtained this property via registered partition deed with another legal heir at 1999. They dont have any legal heir certificate. They showed me the unregistered last will probate copy as their legal heir proof but it doesn't contain the property which I have purchased. It only contains the other properties. The property which I have bought is missing in the WILL but the WILL contains the words "My husband died leaving behind myself and my two minor children". So can i go ahead and purchase that property by having that WILL words as a supporting document for legal heirship? Will I get any trouble in the future as they are not having legal heir certificate?
A detailed investigation is required to be carried out. You have mentioned that 'they don't have any legal heir certificate', whereas 'probate of the will' carried out, which implies that there is a legal heir certificate produced before probate. It is better to obtain a 'Legal Opinion' from a Lawyer before going for the purchase.
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