Purchase of property in the name of a person who died intestate
George Varghese
(Querist) 27 June 2013
This query is : Resolved
My company entered into an agreement for purchase of a plot of land together with a building standing thereon. The seller passed away before the sale was concluded.He did not leave a will. The immediate family members, wife, one daughter and one son have agreed to honor the agreement and have presented themselves as the only legal heirs and successors and in support of their claim has provided us a copy of a sworn affidavit. They refuse to take succession certificate or letter of administration. Is succession certificate necessary to conclude the deal? Can they sign on the Deed of Conveyance and transfer the property to us on the strength of the affidavit? Is the sworn affidavit (first class judicial magistrate) enough? What should we do avoid future legal complication?
ajay sethi
(Expert) 27 June 2013
insist on succession certificate . if you have not paid full consideration they will agree . it dosent take more than 6 months
ajay sethi
(Expert) 27 June 2013
tomorrow you dont want other legal heirs to come forward and lay claim on property
Rajendra K Goyal
(Expert) 27 June 2013
The family members may get the heirship letter and get the property mutated in their name and can complete the deal. Similar query was replied at :
http://www.lawyersclubindia.com/experts/Succession-certificate-letter-of-administration-402501.asp#.Ucw4LJyLp3A
Adv Archana Deshmukh
(Expert) 27 June 2013
Ask them to get a heirship certificate and get the property mutated in their names first.
Raj Kumar Makkad
(Expert) 27 June 2013
Why have you repeated the same query which already stands duly replied?
