Property transfer

Ujwal (Querist) 17 April 2018 This query is : Resolved
I want to purchase a property of died lady having a husband and a minor son.. what all documents i need to purchase a property and what is the procedure?

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Ms.Usha Kapoor (Expert) 17 April 2018
First you enter into agreement of sale with the the seller of the property in this case the husband of deceased lady.Pay some advance towards security deposit.Check link documents in sellers possession. Since how long he has been in possession. If he bought from another seller check that sale deed also.Like that seller may be possession of at least two registered sale deeds some times 3 sale deeds.

Ms.Usha Kapoor (Expert) 17 April 2018
Take ECs or encumbrance certificates for 30 years from sub registrar office which shows under whose name the property is all these years.If same person has been in possession then no problem/ EC's also prove if the property is under mortgage. Ask the seller whether the mortgage is cleared or not.If the seller is in possession for more than 30 years uninterruptedly and peacefully your title is perfect and marketable.Fix a day for registration pay the balance money to the seller and take the link documents or registered sale deeds 2 or3 in seller's possession and with that your buying the property is over or confirmed.
PS:Check whether the seller bought the property from an assignee or if it is assigned land. If it is assigned land don't buy.If he bought from a builder ask for completion certificate and occupancy certificate.

Ms.Usha Kapoor (Expert) 17 April 2018
You didn't specify if it is valuable movable property.If so pay cash and buy.Keep the dictum in mind before purchasing anything.Buyer Beware!

Ujwal (Querist) 17 April 2018
Is there any need to take legal hier certificate from court to buy such immovable home property ?

Ms.Usha Kapoor (Expert) 18 April 2018
Yeah! you take Legal Heir certificate from Tehsildar or MRO if in Telangana before buying the property.

Guest (Expert) 18 April 2018
Why you want to buy a property, which has not yet been mutated in the name of the legal heirs and why you would prefer to undertake all the lengthy and complex exercises, as suggested by the lady, that the legal heirs are required to do?

P. Venu (Expert) 18 April 2018
The property vested with the legal heirs of the deceased. the conveyance could be executed by them. Please ensure that the property is free of encumbrances.

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