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Deepak (Employee)     02 October 2014

Buying property from brother of dead owner

Dear Sirs, I want to buy a home and while searching I came to one unique situation where I need help of your expertise, this home is in the name of person who is died and he was not married so nobody is there in his family except 2 brothers and sister. One brother is in US and second brother is selling home. I haven’t meet this guy so can you please suggest me what should be the documents which I should verify and what precautions should be taken if I want to buy this house in Mumbai. Please help me.



 7 Replies

Hardeep (Business)     02 October 2014

GPA expires on the death of the principal and the agent is aware of it. If no will left, he has died intestate and all heirs now have a claim. Be careful and take proper counsel.

 

See :

https://www.landsofmaharashtra.com/powerofattorney.html

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the "Thanks Contributor Button " would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

Kumar Doab (FIN)     02 October 2014

The succession to property shall be decided by the personal law applicable to the deceased e.g. Hindu Succession law…………………….

If deceased was Hindu and has not left any WILL then first right shall be of ClassI relations i.e.:

Son/Daughter

  • Widow
  • Mother
  • Son/Daughter of a pre-deceased son (per-deceased means “already Dead”)
  • Son/Daughter of a pre-deceased Daughter
  • Widow of a pre-deceased son
  • Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels)
  • Widow of a pre-deceased son of a predeceased son

If deceased was not ever married and mother is also deceased hence ClassI relations are not present then:

ClassII relations can claim their rights i.e.

  • Father
  • Brother/Sister
  • Son’s daughter’s son/daughter,
  • Daughter’s son’s son/daughter
  • Daughter’s daughter’s son/daughter
  • Sibling son/daughter
  • Father’s Parents
  • Brother’s widow
  • Father’s sibling
  • Mother’s parents
  • Mother’s sibling

Insist on succession certificate and transfer on ownership in the name of successors……………

Seek counsel of an able lawyer dealing in such/revenue/civil matters and proceed carefully.

 

   

Deepak (Employee)     02 October 2014

Thanks Sir, i had a first meeting with that person today, he has all documents since person dead was not married his 2 brother and sister are going to sell the house out of which 1 brother is in USA and he has given POA to 2nd brother and sister stating that they can sell the house and they already given advertisement in the newspaper also for society transfer etc. All that xerox documents are proper but later on when i saw the original agreement (he had purchased this flat from builder directly) in the agreement first page is missing and only xerox is available rest of the documents are original so can you please guide what should i do in that case?

Kumar Doab (FIN)     03 October 2014

It is felt that you don't want to consult a lawyer.

it is suggested that you must show every document to your lawyer and proceed under legal advise of your lawyer.

Don't accept xerox in lieu of Original.

REST IS UPTO YOU.

Deepak (Employee)     03 October 2014

Hi Sir, thanks for your response. I visited lawyer today in my area and his suggestion was that to obtain the duplicate registration fees copy and file NC with police for loss of first page in agreement which has original stamp of registrar office ( he says it might be possible that it got lost in their office so they put xerox and finish registration while making payment of additional stamp duty) and rest of the documents are fine but i just wanted to take second opinion from you guys. Thanks for your help.

Kumar Doab (FIN)     03 October 2014

You have acted wisely by approaching your lawyer.

Let the FIR be lodged/Advt. be released and certified copies be applied from SRO and provided to you for verification.

 

Check the procedure in your state.....................

Anyone can appear before Ex. Megistrate that is usually Tehsildar in Suvidha Centre and submit an affidavit 'Who are Legal Heir of deceased........................

The legal heir(s) can apply for legal heir certificate to Sub Tehsildar and he shall appoint the Patwari to make inquiries and issue certificate.

Succession Certificate can be obtained from civil court/HC as per jurisdiction. The society etc shall enter names of legal heir after the due process as per state rules/society rules is completed by legal heir.

Proceed under expert advise of your lawyer.

 

Sudhir Kumar, Advocate (Advocate)     03 October 2014

you cannot buy property from a seller who is not the owner.


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