What should society look for documents - transfer of flat in chidren's name after owner deceased

Querist : Anonymous (Querist) 12 December 2011 This query is : Resolved
The flat owner is deceased. So the 2 children (son & daughter) has made an affadavit that they are legal heirs and notarized it. They did that because they do not have time to go by fathers Will and wait for probate which will take more than 5-6 months.
Now Society is willingly to transfer the flat and society share certificate in their names. I guess the society will sign the Indeminity letter from them as well. In this case if I buy this flat and anyone else from their family stands up in future saying they want a share, who will be in trouble - me or society. Does the court take in consideration of the notarized document on which the flat was transfered in the children's name? Is this workaround legal to sell their flat?

Thanks in advance.

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M.Sheik Mohammed Ali (Expert) 12 December 2011
if you want buy the above said flat, you must get death certificate, and legal heirs certificates (Tahsildar or court .otherwise you will get trouble.

ajay sethi (Expert) 12 December 2011
if father has left a will insist on probate .

in the absence of will a succession certificate is required .

if the 2 children are the only legal heirs of the property and the society is willing to transfer the flat in names of legal heirs you would ordinarily be safe .

obtain NOC from society before purchase of flat .
however in your own nterest insist on probate

Querist : Anonymous (Querist) 12 December 2011
Thanks Mr. Ajay and Mr. Sheik. Should I also insist on making registration of the flat in both the children's name first before I purchase from them?

Querist : Anonymous (Querist) 12 December 2011
@ Mr. Ajay Sethi - Even if society is transfering the flat in legal heirs, shall I still insist on probate? Rather does it make sense to push to register the flat in the names of the legal heirs?

ajay sethi (Expert) 12 December 2011
i presume you are the purchaser . if youa re spending lakhs in purchase of property it is in your interest to play safe .

today you are aware of only 2 legal heirs . tomorrow if any other legal heir comes forward and filed suit claiming rights in property you will be in for lengthy court battle .

in an y case it is your call

Querist : Anonymous (Querist) 13 December 2011
I agree Mr. Ajay that probate is required. But my relatives stay in that building and I am very keen to buy the property in that building. So, thinking a lot about this deal.
--------My Bank says that they will provide loan if the legal hier put a notice for 10 to 21 days in newspaper.----
Now, if any other person steps forward in future, will court consider this newspaper notice as a valid one?

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