Vijay 06 September 2016

Sale of joint property in which co-owner is dead

Hi,
I am planning to purchase a property (resale) in Indirapuram, Ghaziabad area.The identified property is a joint one in which there are two people, Mr X and Mrs Y ( X and Y are husband & wife, both are Hindu). Mr X has died in 2007, December.Mr X and Mrs Y has three children (One son and two daughter). Mr X doesn't have any registered will. The document that the son posses is the Death certificate and registry.

My question is what all are the essential documents required during purchase of such property and in what ways such property can be legally purchased (like succession certificate, survivor certificate, legal heirs certificate etc)

Just a side note, we have already given a minimum token money for the same. So we wanted to know the fastest as well purest legal way in which this deal can be closed.

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2 Replies

Kumar Doab (FIN) 06 September 2016

'Buyer Beware' is applicable in proeprty deals.

You should have consulted before paying token advance and signing agreement to sell.

ClassI legal heirs of deceased Hindu male are;Mother,wife,sons,daughters.

Death certificate, legal heir certificate/succession certificate are requisites.

The inheritance is to be recorded/mutated by authority under whose jurisdiction property falls.

All legal hiers should sign th sale deed.

Hence check with authority.

Let a very able counsel examine mutation record, chain, title etc etc and opine finally and draft the agreement to sell and sale deed for your long term interest.

P. Venu (Advocate) 07 September 2016

The property is vested with the mother and the children. The property could be conveyed through a sale deed. However, ensure that the property is free from all encumbrances.