Buying a property without legal heir certificate

itsmoorthy (Querist) 22 October 2018 This query is : Resolved
Hi All

I'm planning to buy a property with below background.

1. Property was registered to person A [first owner] on year of 1953.

2. Person A died around year 1990 - and there was no will on this property at the time of his demise.

3. Person A had 2 wives...and his second wife did not have any children.

4. But with first wife he had two daughters [C & D] . second wife do not have any children.

5. First daughter "C" - passed away somewhere around year 2000.

6. In the year of 2007 - Children of first daughter "C" [two daughters and a son] and second daughter "D" given general power to person B after receiving 2.5k Lacs; i assume they given "power of attroney" to B. the power document states that person B owns a power to sell, maintain.

I assume they sold the property to person B...

7. There is no legal heir certificate for two daughters C & D. ANd there is no death certificate of Person A and Daughter C.

Now can i buy this property from person B?

will i face any legal consequences from heir of daughters C & D?

Do i face ay issue in getting loan from banks to renovate the property if i buy this?

Regards,
Moorthy

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Kishor Mehta (Expert) 22 October 2018
From the above details it appears that person 'B' does not have any legal right to sell the property.

Guest (Expert) 22 October 2018
Both of your questions "will i face any legal consequences from heir of daughters C & D?" AND "Do i face ay issue in getting loan from banks to renovate the property if i buy this?" do not hold any relevance on the following grounds:

1) Property of any deceased is always of contentious nature. So, nobody can guess what is in the minds of the legal heirs and what legal action any of them decide to take.

2) Nobody can assure you for and on behalf of the bankers whether they would prefer to lend you money for such a contentious property, which is not transferred by the original owner or the eligible legal heirs of the property in your name.

So, it all depends solely on your own wisdom, whether you want to take any risk on that property or not, while deciding to buy that.

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Raj Kumar Makkad (Expert) 23 October 2018
Your query is based upon assumptions and presumptions. Legally speaking the advice of Shri Dhingra is perfect in this matter.