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Venu (NULL)     08 May 2012

Selling inherited property with no documents

 

 

Hello Experts,

 

The property in question belongs to Mr. Late Balraj, who adoped 2 children Yadaiah and Gopi. Balraj expired on 2003 without a will and his wife expired too later, leaving a piece of land with country tiled rooms.

 

Now the first child Yadaiah (62) expired, leaving behind his wife and 3 daughters (all married). 

 

Both Gopi and wife of Late Yadaiah wants to sell the land, but there are no documents, since the land inherited to Late Balraj over 100 years.

 

1. When verified at GHMC, the plinth area is 5059.08 sft (which is equalent to 562 Sq Yds). Whereas the actual land is 153 Sq Yds only.

 

2. How to enter into a sale agreement?



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 4 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     08 May 2012

All transfers/transactions related to immovable property are to be compulsorily registered. So in this case also you may be bale to obtain the documents from the deputy registrar.

Also some buyers may be knowledgeable themselves or may have his team and may find the relevant details and documents through them.

There should not be much problem in transferring the property.

 

S Jadhav

Venu (NULL)     09 May 2012

I verified the property name with Greater Hyderabad Muncipal Corporation (GHMC), and the property is on the name of Mr.Balraj (Late).

 

1. Can you name what specfic documents I need to collect and from where to enter into the sale?

2.Is it enough that Gopi and Mrs.Yadaiah (widow) enter into the agreement to sell, or the 3 daughters of Late Yadaiah also part of the sale agreement?

 

Please help. Thanks much.

S Jadhav 98336 98330 (Jadhav & Associates)     10 May 2012

Dear Mr. Venu, thank you for the information.

It is good that you have confirmed with GHMC about the owner of the property but can you please let me know what document have you seen. Assuming that the property is in the municipal limits, you should obtain the latest PR card which also provide the details of how the property came in Mr. Balraj's ownership and what happened thereafter till date. But do remember that many times the PR card is not updated and hence you should check with the Dy. Registrar's office and obtain all registered documents referring to the said property by doing a search. (you may ask a local lawyer or an expert to help you get a titlte certificate)

Also, if the original land was 562 sq yds and now only 153 sq yds is available then you should also verify what has happened to the land over the years and whether there are any encumbrances.

Please involve a trusted expert in case you want to complete thee deal.

 

S Jadhav

S Jadhav 98336 98330 (Jadhav & Associates)     10 May 2012

Sorry, did not complete the entry earlier.

You may also require to ensure that all the heirs to Mr. Balraj sign the sale document and for this you may have to ask for a probate if he died leaving behind a will. As per law the daughters can also inherit the property so they may also be required to confirm the deal.

Also please check who is in possession of the property.

While doing a title search, the advocate may also publish an advertisement in the local newspapers asking for any objections. Remember "Buyer Beware"

S Jadhav


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