Legal check for purchasing. house
Gayatri Gayatri
(Querist) 13 January 2017
This query is : Resolved
Hi Experts,
I need your help in checking all legalities in purchasing a house. 2 properties came for sale in my native place.
1)First one, this house is purchased by the party in July 1996. Its a registered document. But they don’t have link documents etc from whom they have purchased. Now they want to sell. And also the exact party who purchased this house in 1996 is no more. His daughters 3 in number want to sell it now with the help of legal heir certificate and death certificate.
A)Can I go ahead even though they don’t have link documents before 1996 july ?
B)an I purchase this house based on the documents provided by parties daughter(selling
fathers house based on legal heir certificate and death certificate. THEY DONT HAVE
REGISTERED WILL )
2)Second one, This property is purchased by a old gentleman in 1957 year. Document is available. He gave this house to his 2 sons through a registered will. Now sons want to sell and old person who purchased is no more.
A)Can I purchase this house safely ? How to make sure that Old peson who initially purchased the house has written only ONE REGISTERED WILL (because REGISTERED WILL wont be coming in online ENCUMBERANCE CERTIFICATE)
B)How to make sure that no other legal heirs are there other than the 2 sons.
I humbly request you to Please suggest me on above 4 points individually.
I don’t want to give advance now with out checking legal formalities. Last time I lost my advance amount when I tried to purchase but deal not successful.
Please tell me which of the above houses is more safe for me legally.
R.K Nanda
(Expert) 13 January 2017
consult local lawyer.
Rajendra K Goyal
(Expert) 13 January 2017
You are going to spend / invest huge investment, it is advisable to show all documents to your lawyer to scrutinize in legal angle.
Ms.Usha Kapoor
(Expert) 14 January 2017
You are going to make heavy investments and hence show these related documents to an expert or able counsel in the field.
Adv. Yogen Kakade
(Expert) 14 March 2017
You can refer my article on this topic
http://www.lawyersclubindia.com/articles/Legal-documents-to-be-checked-before-buying-a-property-in-India-6944.asp
