Death and legal heirship
John Bosco
(Querist) 22 September 2014
This query is : Resolved
We have partitioned our family property by way of registered partition deed (2011). One of the property was purchased by father (during 1986) from a person who got it by registered will (1968) from his mother . From 1986 my parents were cultivating the land and doing agriculture in that land and it is in their enjoyment. My parents have made necessary changes in government records also in their name(patta and land registe). After partition I have also updated the govt records in my name and it is in my possession since 2011.When i am trying to sell the property the buyer is asking for Death certificate of the person who made the will and legal heirship for him.I do not have the records and not sure whether they have registered the Death and heirship.
Please advise me how to resolve this issue, if i approach the previous seller for the certificates they might expect money and it may create problem in disposing the land.
Please advise how to resolve this issue
Kumar Doab
(Expert) 22 September 2014
The death certificate and copy of WILL should be available in Land Records office that entered ownership as per WILL.
Meet the Patwari or pursue thru RTI.
A local lawyer can help you.
Rajendra K Goyal
(Expert) 23 September 2014
Duplicate Death certificate copy can be received from the office of local birth and death registrar.
The copy of will if registered can be received from the office of the registrar.
Copy of all these documents along with copy of mutation approval can be received from local patwari.
Rajendra K Goyal
(Expert) 23 September 2014
Duplicate Death certificate copy can be received from the office of local birth and death registrar.
The copy of will if registered can be received from the office of the registrar.
Copy of all these documents along with copy of mutation approval can be received from local patwari.
malipeddi jaggarao
(Expert) 23 September 2014
Why legal heir certificate? Death Certificate can be obtained even now from Panchayat/Revenue authorities who will make local enquiries and certify that the person is no more alive (on the of issue of certificate) though it may be difficult to give exact date of death. This is enough to bring the Will into operation.
You convince the buyer the land records are changed, the person who bequeathed the Will is no more. If he so desires, you will obtain a certificate stating that the specified person is no more alive.
This is the simple procedure. He should agree for this. If he wants to complicate, search for another buyer.
anand
(Expert) 24 September 2014
agree with expert Mr.Malipeddi jaggarao...
T. Kalaiselvan, Advocate
(Expert) 30 September 2014
The insistence of the death certificate of the testator of the Will and legal heirship certificate is not at all necessary at this stage especially since the property was bought by your father in the year 1986 and had been in his continuous possession and enjoyment till it was partitioned and allotted to you as your share in the year 2011. The adverse possession clause is also operative now, hence look for another buyer who will have some sense and knows a little about the land laws, alternately you can try for the steps suggested by experts above.
