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If will come to khoon after relinquisement deed

(Querist) 28 April 2018 This query is : Resolved 
I want to purchase a property whose legal owner has been dead I didn't know how much legal heir of that owner

Dealer said they will transfer property through relinquishement deed

I want to know what happened if a will of deceased come to known to me after registry or any other legal heir arise after registration of property what are my legal right and what precautions can I take
BAALASUBRAMANNYAMM (Expert) 28 April 2018
It seems that you are not verifying any thing about the property. It is the duty of the buyer, to verify in all aspects about the right, title and physical possession of the property and as well as the heirs of the deceased etc., details. So you get all the information first. Then only you can proceed further.
Ms.Usha Kapoor (Expert) 28 April 2018
In case the deceased had left a will or died intestate, property will be succeeded by either testamentary succession or intestate succession. If no legal heirs are there you can if an executor is appointed by leaving a Will you can by the property from an executor.if legal heirs consent to sale. Even if legal heirs are there you can buy the property from them asking relinquishment deed from those legal heirs who
are not parties to the sale..Before buying property Let the Buyer Beware adage applies!

Ms.Usha Kapoor (Expert) 28 April 2018
Prior to relinquishment deed you should thoroughly enquire any legal heirs, any will,Whether it has been probated etc. Are you close relation of deceased?Are you the buyer of property from them?Then in what context they are asking you to provide relinquishment deeds?
Kumar Doab (Expert) 28 April 2018
'Buyer Beware' applies to property deals.
It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.
This may cost some FEE but can defend long term interest and hard earned monies.
Kumar Doab (Expert) 28 April 2018
Your own counsel shall appraise you on legal heirs and WILL part also...
Which personal law applies in this case or are they all ( seller and legal heirs) Hindu?

Has the dealer showed or provided any copy of sale deed?
rajeev sharma (Expert) 28 April 2018
No property may be transfered to third party on the basis of relinquishment deed
Ms.Usha Kapoor (Expert) 01 July 2018
I stick to my above view.


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