monster

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ritesh Hirwani   29 June 2021

Buying property against relinquishment deed

Hi,

I am interested in buying a property ( 2 bhk apartment in a township) where the original owners were the sellers parent who bought the said property from thedeveloper directly. Both parents have passed away leaving the property interstate. The seller has one sister who has already relinquished her claim on the property through a registered relinquishment deed. The seller does not have any legal heir certificate. My questions are:
1) in the absence of a legal heir certificate can I still go ahead and purchase basis relinquishment deed, is it allowed?
2) To strengthen the case would a sworn affidavit by the siblings declaring them as the only heirs , help?

3) Should I go for a public notice through newspapers and for what period?

4) 90% of the purchase value is coming from house loan, so if the bank has no issue on point 2 and 3 above can I go ahead with purchase given the bank approval?


 1 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     29 June 2021

Hello,

In absence of a legal heirship certificate, the documents executed by brother or sister are void. For executing any document pertaining to property the seller should have valid and legal title. So first get the legal heirship certificate from the court and then enter into a transaction. Otherwise, void such transaction. Further banks will not finance such transactions/property. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query