Sarang Yandw 08 December 2015

Buyer asking for legal heir certificate

Hello My wife, father in law and mother in law are co owners of a property. Mother in law has expired 2 yrs ago. Supporting documents are death certificate. My wife is the only child with no siblings. They have finalised a buyer for this. He is asking to apply for a legal heir certificate with the court (which im told takes 6 months time) to prove there is no other legal heir or claimant to the property. We have contacted with various banks. Some say it is required for loan sanction. Some say its not. Some agents say its required for registration purpose while others say its not. My father in law is retired and doesnt have a fixed income hence wants to sell the property and settle down at his native place. Kindly advise what is actually required to overcome this issue. Thanks Sarang

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2 Replies

Adv. Yogen Kakade (+ 91 9225510883) 08 December 2015

Hi,

Just to sell the property if you want to execute a sale deed of the said property.. execute an affidavit mentioning the legal heirs details and mention that there are no other successors of the deceased.. and attach the death certificate of the deceased while executing the affidavit..

Attach the affidavit to the sale deed and mention it's details in the draft of the sale deed.

Adv. Yogen Kakade

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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 11 December 2015

Is your father-in-law alive? When the buyer of the property has been identified you have comply with whatever he asks for. Otherwise he will not buy the property. You have to negotiate with the buyer only and find out what alternative documents would satisfy him. Otherwse you will have to get another buyer who will be ready to buy the property with whatever documents you have,