Finish property deal(registered sale agreement + owner died)

 


Querist : Anonymous (Querist)
15 September 2018

I had property deal (house) with owners based on title clearance. As per mutually defined terms and conditions, I paid token amount by cheque and hire a lawyer for title records. After 3 weeks, I got a title clearence report and we did registered sale aggrement then paid 2nd installment of payment as per defined terms in cash mode(not mentioned in sale aggrement but have a proof). After 15 days rest of the payment was ready from my side and informed owner to execute sale deed but at that time I came to know that owner and their family were no more(all died). Also, I heard that now owners legal heir not available and their relatives will not support to finish the deal.
I paid many years of my earning which was saved to purchase house.

Any expert advise to conclude this case will be highly appreciated.

Best Regards, Thanks in advance.


Vijay Raj MahajanOnline (Expert)
15 September 2018

You can execute the sale agreement against the legal heirs or recover the advance payment made by you from them.
Serve them legal notice for the same before moving civil court.

BAALASUBRAMANNYAMM (Expert)
15 September 2018

First you should trace out, who are the legal heirs of the deceased title holder. Or at least you should trace out, who are claiming to be as legal heirs of the deceased title holders. Then only you can proceed against them.


Querist : Anonymous (Querist)
16 September 2018

Thank you so much. Mr. Vijay Mahajan and Mr. Baalasubramanyamm.
Still I need some more guidance from you.
1.I got details of owner legal heirs through broker and they are ready to support then legai hier certificate are valid or not to execute sale/conveyance deed of immovable property in favour of me?
2.How much time required to issue legal hier certificate?
3.Home loan is running on seller accounts from private financial institutions and my loan is sanctioned from nationalized bank and we had decided to pay forceclosure amount of exisiting loan, will collect original document and submit to bank. Now my bank is denying for funding before sale deed execution and submit to bank. Anyway to manage it?
3. Can I get home loan if sale deed excute through legai hier certificate?
3. Does sub-registrar or any authorities has rights to denied sale deed transaction?
Kindly advise. Thanks in advance


Querist : Anonymous (Querist)
17 September 2018

Thank you so much. Mr. Vijay Mahajan and Mr. Baalasubramanyamm. Still I need some more guidance from you. 1.I got details of owner legal heirs through broker and they are ready to support then legai hier certificate are valid or not to execute sale/conveyance deed of immovable property in favour of me? 2.How much time required to issue legal hier certificate? 3.Home loan is running on seller accounts from private financial institutions and my loan is sanctioned from nationalized bank and we had decided to pay forceclosure amount of exisiting loan, will collect original document and submit to bank. Now my bank is denying for funding before sale deed execution and submit to bank. Anyway to manage it? 3. Can I get home loan if sale deed excute through legai hier certificate? 3. Does sub-registrar or any authorities has rights to denied sale deed transaction? Kindly advise. Thanks in advance



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