Buying from legal heir

Swaty Gupta (Querist) 25 August 2023 This query is : Resolved
Dear Experts,
I am interested in buying a cooperative society flat.
The owner was an original allottee of flat. The owner died intestate in 2018 and his wife expired 4 months later. They had no children.
The owner had only an elder brother who predeceased him and his wife is dead too. They had 2 children - a son and a daughter.

The children have a surviving member certificate in both their names, and the daughter has relinquished her right in property in favor of her brother. The SMC is from their father to them.

The son of brother i.e. the nephew of owner is selling the flat.

There are no other legal heirs.

I want to know whether the surviving certificate and subsequent relinquishment is sufficient to establish their right to sell it. Do I need to ask them for any more documents?
The rest of property papers are in place.

Regards
Swaty Gupta

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Quick Summary

If you're looking to buy a cooperative society flat from a legal heir, and the original owner passed away without children, their brother's son (the nephew) may be the rightful seller. Ensure you have the surviving member certificate and a relinquishment deed from any other potential heirs, like the sister, in favour of the seller. While these documents, along with a legal opinion, should suffice, it's crucial to verify the clear and marketable title before proceeding with the purchase.

T. Kalaiselvan, Advocate Online

(Expert) 25 August 2023
All these documents should be sufficient to prove their clear and marketable title to sell the property, but it is pertinent that you obtain a legal opinion and proceed only if recommended

kavksatyanarayana (Expert) 25 August 2023
When the owner had no children and his wife was also dead, his brother's son could sell the property as advised after getting the relinquishment deed from his sister.

Advocate Bhartesh goyal (Expert) 26 August 2023
Yes, if deceased owner brother's son has his legal heirship certificate then he has right to sell deceased owner's property and on basis of legal heirship certificate and relinquishment deed property can be sold.

P. Venu (Expert) 29 August 2023
Yes, in the light of the facts of the stated, the nephew is the absolute owner of the property. Please ensure that as these aspects are duly recited in the conveyance deed.

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