Purchasing of a joint property with only one legal heir alive


I am planning to buy a flat which is jointly owned by a son & his mother. Mother has expired long time back & she has not left any will. Even the father of son / husband of wife has expired few months back. Son is claiming that he the only successor of his parents & do not any brother/sisters. But I am not sure about his claim. As per son the property can be sold & registered in my name with the help of death certificate of his mother. Some friends of mine have advised not to go for deal without a proper will (which is not available) or letter of administration / succession certificate (which is a time consuming process). Now, I am confused on following points: Whether I should ask for letter of administration OR succession certificate from seller OR BOTH. Does letter of administration applicable in cases where will is not available. Is it possible to close this deal through gift / relinquishment deed / legal heir certificate? Please advise whether I should go for this deal or not.

Answers (1)


173 votes

Son should get mutated/ transferred aforesaid share of his mother property from his mother name to his name from competent department such as revenue department, Municipal Corporation, Panchayat, B.D.A., MPHB, which is applicable department then you should purchase the property. Letter of administration / succession certificate is not required, after mutation in the name of son, you can execute agreement and can published notice in most popular daily hindi news paper through your advocate and call objections everybody, If there will no any objection take a NOC letter from your advocate and get sale deed registered in your name and take possession immediately, and get mutated aforesaid property in your name.


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