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Property first owner died. Ownership Issue. what documents necessary
09-Jun-2025 (In Property Law)
i am looking to buy a flat which has joint owner. The first owner had died, unmarried and no legal heir as claimed by brother The other co-owner is his real brother. On documents there is joint owner, they don't have share certificate and in society also the name of the died brother is still there. What documentation should I ensure to avoid any legal issues in future to buy this flat.
You must ask for any agreement depicting joint ownership. You must ask the surviving joint owner to get a heirship certificate. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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you should consult with an advocate in person
you should consult with an advocate in person
you should consult with an advocate in person
you should consult with an advocate in person
you should consult with an advocate in person
you should consult with an advocate in person
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Adv. Santosh S. Gaikwad
Navi Mumbai | 100+ Answers
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Before purchasing the flat, ensure the following documentation and legal steps are completed to avoid future disputes:
Legal Heirship or Succession Certificate: Ask the surviving brother to obtain a legal heirship certificate or succession certificate to legally prove he is the rightful heir of the deceased co-owner.
Indemnity Bond & Affidavit: The surviving co-owner should submit an affidavit and indemnity bond to the society stating the deceased had no other legal heirs, and he is the sole surviving heir.
Society Transfer: Ensure the society updates its records and share certificate to reflect the surviving brother as the sole owner, based on heirship proof and society resolution.
Public Notice: A public notice should be published in two newspapers inviting objections before the sale, to safeguard against any unknown claims.
Title Documents & NOC: Check original title documents, past sale deeds, and obtain NOC from the society for the proposed transaction.
Legal Due Diligence: Engage a lawyer to verify all documents and prepare a proper sale agreement.
Do not proceed until ownership is clearly established in the seller's sole name with society records updated.
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Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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Dear client based on your query, title clearance and succession validity dictate ownership; ensure proper documentation to prevent future disputes, also help you regard the process and in legal ways for which you can connect with us.
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Adv. Kalpana Sanap
Pune | 200+ Answers
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You hav to add all legal heirs name and 2nd occupants name as well. Stay alert and take proper consultation with experienced lawyer. Take all precautions as Society records are silent . Feel free to contact for further assistance.
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Adv. Krinjal S. Ahuja
Mumbai | 100+ Answers
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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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