Registration from legal heirs

This query is : Resolved 

16 July 2019

Dear All,
My name is Suresh from Hyderabad.
Just Iam going to take/enter in one registration of property(house) and sanction the home loan also, that property owner (mother) has passed away and her legal heirs(4 sons) are going to be register the property to me.

Actually issue is, they have obtained affidavit for legal heirs from local advocate and they don't have legal heir certificate from MRO/Court.

They have tried in MRO office but they said will not provide for private employees and they don't want to go with court because it is time taking process and also sub register is accepting the registration with Affidavit.

Now If I cancel the deal it will effect on my advance etc. and it will be big issue if they approach to court. My situation is very critical and I can't come back.

Rest of all the documents are clear.

Please suggest can we go for registration.
Is there any alternative option other than legal heir certificate which is reducing the risk after registration.

In between we have third person(My relative) , he knows about vendor very well from many years.

kavksatyanarayana (Expert)
16 July 2019

JI, Usually the parties mention in the document (any trasnfer deed) that the parents of seller are died and inheritied the property and so we are selling it. so Sub Registrar cannot object it as the buyer agreed it and paid consideration. But actually it is important to obtain Legal heir Certificate for your safe side and for other purposes also. so it is better to to for registration after obtaining LHC.

Dr J C Vashista (Expert)
17 July 2019

It would be better to consult a local prudent lawyer for appreciation of facts/ documents, guidance and proceeding.

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