Buying property with out legal heir certificate Buying property with out legal heir certificate

3 years ago

Mrs X died at 1978 leaving one son and one daughter. Son and daughter partitioned Mrs X's properties via registered partition deed at 1999. Thing is they don't have legal heir certificate. With out legal heir certificate , they executed partition deed at 1999. Now daughter sells the property she got through partition deed.

1. Can we buy this property with out their legal heir certificate? Please advise. Seller is not willing to get legal heir certificate from court as she need to pay some percentage of property value as court fees.
2. Will bank provide loan for this property with out legal heir certificate?

Yogeswari Gunasekaran

Responded 3 years ago

A.Hi,
1. If the property is the ancestral property then all the legal heirs has to execute the sale deed.

2. If there is any other documents to show that they are all the legal heirs then that document is sufficient.

3. If any term mentioned in the Partition Deed like there are no other heir left, then there is no other document needed.

For furthur Clarification, Coordinate with Vidhikarya for my contact

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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
If the property is the ancestral property then all the legal heirs has to execute the sale deed.
Nonetheless, If there is any other documents to show that they are all the legal heirs then that document is sufficient.
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Anik

Responded 3 years ago

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A.Hi,
If the property is the ancestral property then all the legal heirs has to execute the sale deed.
However, If there is any other documents to show that they are all the legal heirs then that document is sufficient.
If you find this answer helpful, please rate us.
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