Buying a property without legal heir certificate
1 month ago
Original owner (died)
One of owner's son also dead.
Before owner's death he gave part of land to his daughter (daughter has land ragistry of the same).
His remaining 2 sons and dead son's wife is selling rest of the owner's land (no legal heir certificate on the father's land)
They sold the part of the land to the current owner.
The current owner is selling it to me.
Long version:
I am planning to buy a land but I have some doubts regarding legal heir certificate.
The original owner purchased a land in 1980.
The original owner of the land died in 2012. One of his son is also died. His wealth was divided between his 2 sons and dead son's wife but there is no legal heir certificate.
They sold part of the land to another guy ( say, Mr X) but did not provide any legal heir document.
The second guy(Mr X) is now selling it to me. When we asked for the legal heir document he said it was not provided by the original owner's son.
We also asked the original owner's son about it and he said don't worry, there is no one to come and claim the property.
My father and uncle are the ones directly communicating with the house owner and they are saying there is nothing to worry about since it's been 12 years since the original owner's death and till now no one has come to claim anything.
Should I buy the house without the legal heir document? Is there an alternative?
A legal heir certificate is a crucial document that identifies the legal heirs of a deceased person. It is issued by the Municipal Authority or Tehsildar upon application by any or all of the legal heirs. The application typically includes an affidavit declaring the names of the legal heirs, and it asserts that there are no additional legal heirs.
Before purchasing a property, it is essential to conduct a thorough examination of the property's title and encumbrance status through a court search. This process helps ensure that the property has a clear and undisputed title, providing a comprehensive understanding of any legal obligations or claims associated with it. Obtaining a legal heir certificate is one step in this due diligence process to confirm the rightful heirs and ownership status of the property.
A legal heir certificate is a legal and important document that shows the name and number of legal heirs of the deceased person and is issued by the Municipal Authority or Tehshildar on application by any one or all the legal heirs attaching an Affidavit declaring therein that except the names of legal heirs of the deceased as mentioned in the affidavit, there are no other legal heirs of the deceased. So, before buying the property, satisfy yourself with the clear title and encumbrance status of the property through a court search. Reach out to an Advocate for guidance and steps.
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