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Rizwan M   24 November 2022

Buying a property from legal heirs

I'm looking to purchase a residential plot whose owner passed away 18 months ago. 
As per the legal heirs certificate, the deceased person left behind a widow, three children aged 18+ yrs, 10yrs & 8 yrs. 

My query is who should be the authorised seller of this property? Since there are two minors among the legal heirs, what precautions should I take now while registering the property under my name keeping in mind to be safe from any future claims by the children of the deceased?

As per the document writer (Kanakku Pillai), the registrar at the sub-registrar office, will allow the widow to sell the property as she is the natural guardian of her kids. Is that true?

FYI, the seller belongs to Muslim faith and the property location is in Tamil Nadu.



Learning

 2 Replies

P. Venu (Advocate)     24 November 2022

Under Muslim Law, the mother is only the de facto guardian and has no powers to alienate the minor's property. Even if a legal guardian, so appointed by the competent Court, she can only sell the property -

  1. When there are debts of the deceased, and no other source of paying them
  2. When the minor has no other means of livelihood and the sale is only way for his maintenance of the minor
  3. When double the price of property can be obtained by it,
  4. Where the expenses exceed the income of the property
  5. When the property is falling into decay
  6. When the property has been usurped and the guardian has reason to fear that there is no chance of fair restitution
  7. When there are legacies to be paid and no other means of paying them.[25]

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 November 2022

before purchasing such properties, follow the rules as under.

  1. Check the veracity of the succession documents.
  2. Check the details of inheritance when buying inherited property.
  3. Indemnity clause should be inserted.
  4. Make all legal heirs either party or witnesses.
  5. Be cautious when paying to multiple sellers.
  6. Check for any impending court cases on property

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