pol (SSS) 25 May 2014

Purchase of resale flat

I am planning to purchase a resale property(appartment) in Municipal area in Hyderabad. The property is almost 15 years old.

It is 3 rd resale. The owner of the said property died 4 yeard back and he left his wife and childrens (all are elders).

Now my queries are,

With whom I will made the sale agreement?
Is Legal heirs document enough to certify the legal owners? How to ensure that no one having right in the property except names specified in legal heir certificate ?
Do I need to keep any legal clause in sale deed to avoid any future problems,if yes what are those clause?
Is there any other concern or measure that I should take care before purchase?

Please suggest.

Suneet Gupta (www.vashiadvocates.com) 25 May 2014

You can buy the property from the legal heirs of the deceased if they have a valid succession certificate.

All the legal heirs should sign the transfer deed
Ensure that the municipal tax bills and society maintenance bills are in the correct name
Any legal clause in the deed will not help you much in case of a dispute, except that you can make them liable for all costs for resolving such a dispute and that they will wholly assist you, if any such dispute arises.
It is better if you ask them to get the flat mutated in their name as per the municipal and society records, before transferring it in your name.