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Registration of land
9 months ago
I had paid some amount and made an agreement to buy the land from the owner who has a brother , sister and mother. Now the owner has expired before registering the land. What must be done now to get that property registered in my name. Can I register it directly by taking consent of the brother, sister and mother of the deceased OR Is there any other option with me.
A.Dear Client,
The Agreement to Sale executed between you and the landowner become infructuous and unenforceable and the status of the ownership of the property is changed on the expiry of the landowner. In that situation, until and unless the surviving legal heirs of the deceased landowner get their share in the said property through the decree of partition suit and agreed to sell the property to you, you cannot take any legal action against them for execution of deed of sale as per the terms of the agreement to Sale which become infructuous and unenforceable on the expiry of the landowner and legal heirs were not the party/signatory to the said agreement. Reach out to an Advocate for guidance and steps.
The Agreement to Sale executed between you and the landowner become infructuous and unenforceable and the status of the ownership of the property is changed on the expiry of the landowner. In that situation, until and unless the surviving legal heirs of the deceased landowner get their share in the said property through the decree of partition suit and agreed to sell the property to you, you cannot take any legal action against them for execution of deed of sale as per the terms of the agreement to Sale which become infructuous and unenforceable on the expiry of the landowner and legal heirs were not the party/signatory to the said agreement. Reach out to an Advocate for guidance and steps.
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A.Dear client,
Review the agreement: Carefully review the agreement you made with the deceased owner of the land. Determine if it specifies any provisions regarding the transfer of ownership in the event of the owner's death.
Verify legal heirs: Confirm who the legal heirs of the deceased owner are based on the applicable inheritance laws in your jurisdiction. Typically, the brother, sister, and mother would be among the potential legal heirs. Consult with a lawyer to establish the correct legal heirs and understand their rights and entitlements.
Obtain consent from legal heirs: Once the legal heirs have been determined, you will need to obtain their consent to transfer the ownership of the land to your name. Engage in discussions with them and reach an agreement regarding the transfer of ownership. It may be necessary to draft a new agreement or amendment to the existing agreement to include the legal heirs as parties.
Execute necessary legal documents: Work with a lawyer to prepare the required legal documents, such as a sale deed or transfer deed, to formalize the transfer of ownership. These documents should be executed by the legal heirs and you, and they may need to be registered with the relevant authorities.
Follow legal procedures: Adhere to the legal procedures and requirements for transferring property ownership in your jurisdiction. This may include paying applicable taxes, obtaining no-objection certificates, and submitting the necessary documentation to the appropriate land registration authority.
Review the agreement: Carefully review the agreement you made with the deceased owner of the land. Determine if it specifies any provisions regarding the transfer of ownership in the event of the owner's death.
Verify legal heirs: Confirm who the legal heirs of the deceased owner are based on the applicable inheritance laws in your jurisdiction. Typically, the brother, sister, and mother would be among the potential legal heirs. Consult with a lawyer to establish the correct legal heirs and understand their rights and entitlements.
Obtain consent from legal heirs: Once the legal heirs have been determined, you will need to obtain their consent to transfer the ownership of the land to your name. Engage in discussions with them and reach an agreement regarding the transfer of ownership. It may be necessary to draft a new agreement or amendment to the existing agreement to include the legal heirs as parties.
Execute necessary legal documents: Work with a lawyer to prepare the required legal documents, such as a sale deed or transfer deed, to formalize the transfer of ownership. These documents should be executed by the legal heirs and you, and they may need to be registered with the relevant authorities.
Follow legal procedures: Adhere to the legal procedures and requirements for transferring property ownership in your jurisdiction. This may include paying applicable taxes, obtaining no-objection certificates, and submitting the necessary documentation to the appropriate land registration authority.
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