Property /legal heir

This query is : Resolved 

31 July 2020

Dear Sir,
I'm in the process of purchase of property(independent house) from vendors(4 sons), that property is in the name of their mother . They don't have ration card/other proof with parents due to missed up at that time. Father and mother both are died.

My bank is asking a proof either ration card with parents /legal heir certificate. Sellers have applied for legal heir in the court but judge has rejected after 6 to 7 months review due no ration card with parents.

Already we have revised two agreements and I have paid some advance 10% and already completed 1 year after last agreement. Now at this movement I can't cancel or come back because they are not able to pay my amount now.

Out of 4 sons , younger son having ration card with father and mother.

Please suggest what we can do at this movement, what is the solution to go for registration. Previously we had option with court in respect of legal heir but now court also asking a proof with parents.

What is the way we can go head to proceed.

Thanks & Regards,
Suresh Ungarala

Rajendra K Goyal (Expert)
31 July 2020

Do you have proper agreement to sale?
May discuss with local lawyer and file suit for specific performance.
There is possibility that they do not belong to below poverty line / ration card not issued to them. They may provide voter Identity card / PAN card / other Identity Documents acceptable in place of ration card. In addition, aadhar card can be provided. Bank accepts Aadhar card. If the Ration Card is required as proof of residence there are no. of documents in substitution.

kavksatyanarayana (Expert)
31 July 2020

Yes. Agreed with the sincere advice of learned expert Mr. K. R.Goyal sir.

niranjan (Expert)
31 July 2020

advise them to file appeal against the order rejecting heir cert.

Shilesh Patel (Expert)
31 July 2020

Agree with expert Goyal sir.

Dr J C Vashista (Expert)
01 August 2020

The vendor has to obtain "surviving member certificate" from district Deputy Commissioner / SDM.
If the younger son has a ration card, it contains names of deceased father & mother.

Dr J C Vashista (Expert)
01 August 2020

Proviing title of the property under sale is the problem of vendor (seller) and not the vendee (purchaser) whereas you are the vendee in the instant case.
In case the vendors are unable to show the documents qua title of property, you can revoke the agreement as per terms and conditions covenented therein .

Dr J C Vashista (Expert)
01 August 2020

You can file a suit for specific performance of the contract/ agreement before competent civil court of jurisdiction.
The money paid by you (if properly acknowledged by vendor) is safe and can be adjusted in the transaction or refunded as per terms and conditions stipulated in the argeement to sell.

Rajendra K Goyal (Expert)
01 August 2020

Author has not clarified:
a) Whether the problem is in registration of the sale deed / venders are not cooperating?

Suggestion: As suggested above move to court for specific performance.

b) Whether problem is with the Bank loan?

i) May Contact some other Bank for loan.
ii) Ask Banker to obtain their lawyers report.
iii) Offer alternate Id proofs of the venders.
iv) Offer the Bank to submit an affidavit from known person of Bank / or letter from Panchayat/ letter from Municipal commissioner mentioning the names of legal heirs of the deceased.

Alternately arrange the proceeds otherwise and get the sale deed executed and registered.

P. Venu (Expert)
02 August 2020

The facts posted suggest that the problem is unrelated to the title of the property, but your difficulties in getting loan. In my understanding, the issue could be solved if the property is mutated in the names of the legal heirs.

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