Purchase from legal heir
05-Sep-2023 (In Property Law)
I'm planning to purchase property, here's scenario.
1) Owner (Seller Father) died in 1997, leaving behind wife and 4 childrens (I'm not sure if there's any more children)
2) Society did transfer on wife's name (Seller mother) and went for redevelopment, and new builder agreement executed on wife's name and society transfer certificate also done.
3) Wife (Seller mother) died recently in 2015/2016, leaving behind 4 children.
4) within mutually agreement between all brothers and sister, they did release deed on first brother name (seller) and society transfer is also done on first brother (seller) name.
My question,
1) Can I execute sale deed or agreement for sale with Seller (do all brothers/sisters need to be confirming parties in sale document?)
2) How I can verify, there's no other legal heir present (I've checked there names on Ration card, Aadhar card, Nomination form mother submitted to society).
3) How to avoid complication if any more legal heir appear/claim after I purchased
1) Can I execute sale deed or agreement for sale with Seller (do all brothers/sisters need to be confirming parties in sale document?)
Answer: No the brother and sisters do not need to be confirming parties because they gave up their rights on the property by executing a release deed in favour of the seller. So you can directly deal with the seller;
2) How I can verify, there's no other legal heir present (I've checked there names on Ration card, Aadhar card, Nomination form mother submitted to society).
Answer: Ask them to obtain a succession certificate and a legal heir certificate. That is the ultimate proof. Also take out an advertisement in then newspaper inviting claims on the property;
3) How to avoid complication if any more legal heir appear/claim after I purchased
Answer: If you take the precautions mentioned above then nobody can come forward to claim the property.
Answer: No the brother and sisters do not need to be confirming parties because they gave up their rights on the property by executing a release deed in favour of the seller. So you can directly deal with the seller;
2) How I can verify, there's no other legal heir present (I've checked there names on Ration card, Aadhar card, Nomination form mother submitted to society).
Answer: Ask them to obtain a succession certificate and a legal heir certificate. That is the ultimate proof. Also take out an advertisement in then newspaper inviting claims on the property;
3) How to avoid complication if any more legal heir appear/claim after I purchased
Answer: If you take the precautions mentioned above then nobody can come forward to claim the property.
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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