Is legal heir certificate required ?

Pls post again in simple format that can be easily read and in less time without much effort.

The plot is of DLF and it was allotted to (B and C)'s mother, even conveyance deed in favor of their mother, who has passed already.

After passing of mother, DLF transferred allotment in the name of B after getting the relinquished deed from his brother C. Now B is selling to me.

I know the family very well, they are only two brothers and their parents already passed away.

The problem is that elder brother C is a sick old man and living in UK hence not able to visit India but as I suggested he has already given the shares to his younger brother B via registered relinquished deed.

I have already checked with SDM, he is saying relinquished deed is sufficient he will do the registry basis on that.

I also get verified the documents from various govt banks as well. SBI is saying legal heir is required while OBC bank is saying relinquished deed is more than sufficient.

So please suggest should I buy this plot on basis of registered relinquished deed. Will I face any issue in future? Is it a legitimate deal?

Read more at: https://www.lawyersclubindia.com/forum/Is-legal-heir-certificate-required--154433.asp

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

It is believed that all involved are Hindu.

Confirm!

In case of Hindu female dying without disposing her estate/property in her life time by a valid/registered deed,  the nature and source of property matters.

In case she has not left a valid WILL and property is self acquired/earned/absolute then it would be simple matter of inheritance; ‘Intestate Succession’………….

..And 1st right is of her husband (if alive as on date of death), sons, daughters……………..

If it is property that has devolved from husband; 1st right is of her sons, daughters……………..and in their absence heirs of her husband.

If it is property that has devolved from parents; 1st right is of her sons, daughters……………..and in their absence heirs of her father.

You have not posted in clear terms who died first; lady (title holder-owner) as in query or her husband.

If her husband died later then her husband gets one equals share and then his share devolves upon his ClassI legal heirs i.e; Mother (if alive as on date of death), Wife (if alive as on date of death, sons, daughters……………..

Thus the share of sons is to be determined accordingly and elated with relinquishment deed.

My impression is that if relinquishment deed is without any defects then it should sustain test of law, in case it happens.

As already posted obtain independent legal opinion from your own LOCAL counsel of such caliber as explained and let your lawyer examine title and chain from beginning of the land and flats devloped on it, approvals etc etc 

Rest is upto you.