I want to buy a property but the owner of the property expired
17-Mar-2023 (In Property Law)
I am planning to buy a property in Hyderabad. The owner of the property expired. Owner has 4 sons. Elder two sons also expired andtheir wives are there. Younger two sons are alive. No sucession certificate from court. I am planning to go for house loan for purchasing the property. How to proceed now?
Hi
For immovable properties succession certificate will not be applicable. Succession certificate is only for bank fixed deposits and movable properties.
In your case, since the owner expired, his legal heirs are his wife, 4 sons (if the son has expired, then the wife and children of the expired son will be legal heirs).
So you will need legal heir certificates of the owner and if any member had expired then the respective legal heir certificate of the deceased member too.
if the deceased children has left behind children who are minors, then you will need court permission to buy the property as minor's property cannot be sold without court permission.
For immovable properties succession certificate will not be applicable. Succession certificate is only for bank fixed deposits and movable properties.
In your case, since the owner expired, his legal heirs are his wife, 4 sons (if the son has expired, then the wife and children of the expired son will be legal heirs).
So you will need legal heir certificates of the owner and if any member had expired then the respective legal heir certificate of the deceased member too.
if the deceased children has left behind children who are minors, then you will need court permission to buy the property as minor's property cannot be sold without court permission.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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