Apartment flat purchase from all heirs of a deceased person Apartment flat purchase from all heirs of a deceased person

6 months ago

I am purchasing a flat in Pune, father and mother of the heirs have passed away. The flat is registered at their name. Flat is in an apartment. They do not have legal heir certificate. They want to sale a property on affidavit in the e seva kendra. Is it possible?

Kishan Dutt Kalaskar

Responded 6 months ago

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A.Dear Sir,
You are inviting risk in purchasing such property. You may ask the legal heirs to get legal heir certificate or succession certificate under Section 372 of Succession Act and get change the property in their names jointly and then you can purchase.
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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Simi Paul

Responded 6 months ago

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A.Hi client,

They need to first get the property in their name. That procedure varies in different states. Contact an advocate from your local jurisdiction to get the right procedure.

Thanks and Regards
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 6 months ago

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A.Dear Client,
Neither it is feasible nor permissible under law. The law of succession or inheritance is governed by the Hindu Succession Act, 1956 and the Indian Succession Act, 1925, As per Hindu law of inheritance, on the demise of the property owner/s intestate, i.e, without any will, all the surviving legal heirs are entitled to an equal share in the said undivided property. On receipt of the Legal heirs' certificate in compliance with the statutory formalities from the concerned Competent Authority, i.e, Municipal Authority, Tehshildar, you need to apply to the Land Revenue Deptt in compliance with statutory formalities for the issue of individual Parcha/Certificate showing individual share in respect of all the surviving legal heirs of the said undivided property. On the basis of said certificate of the Land Revenue Deptt. all the legal heirs need to execute and register either a Deed of Relinquishment or Deed of Gift in favour of any one legal heir to make him/her the sole owner of the said property for the purpose of selling the property to others. Reach out to an Advocate for further guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 6 months ago

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A.Dear Client
To establish your right as a legal heir and enable the sale of the property, you may need to apply for a succession certificate through the appropriate legal authorities. The succession certificate is a legal document that establishes the authenticity of the heirs and their entitlement to the property left by the deceased parents. If a succession certificate is not immediately obtainable, you may be able to execute an affidavit to declare the names of the legal heirs and their rights to the property. This affidavit can provide temporary authorization for the property sale, but it is advisable to consult a legal expert to ensure that this method is legally valid in your specific case.
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