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Amit   06 December 2016

Joint property father son, father died what documents

Hi, I am considering a property that is jointly owned by Father & Son but father passed away. It is a Hindu family with son, mother & daughter. As per Hindu act, Father's portion will be divided into 3 equal parts between son, mother & daughter. As a buyer what documents should I ask from the Seller.

Seller has the following documents:

* Legal Hier Certificate (Son, Daughter, Mother name in it) 

* Fathers Death Certificate

* NOC from Mother & Sister for their property portions (Affidavit)

* Sales Deed on Father + Son name

Are these documents enough or should I also ask for Relinquishment deed (Mother & Sister) and Mutation certificate?

 

Thanks for your help,

Amit



Learning

 10 Replies

Kumar Doab (FIN)     06 December 2016

Mother of deceased father is also ClassI legal heir.

They should get the share of father mutaed in the name of all CLassI legal heirs and get a copy.

All legal heirs may either sign POA in favor of one of them or sign relinquishment deed in favor of one or atleast sign as consenting witnesses.

Rest your own counsel can guide you further.

 

1 Like

Amit   06 December 2016

Thanks for the reponse. I have talked to two legal counsles but getting a mix response. One says NOC is good enough and other says relinquishment deed is a must, NOC is not good enough.

 

Amit   06 December 2016

The limited knowledge I have regarding mutation, it seems to be for the purpose of property tax rather than for title of the property. Then why is it considered necessary for selling the property.

H M Bharathesh   07 December 2016

To answer your quiry I may have to ask you as to when father and son purchased that propery?, whether that property is mutated in the name of father and son in revenue record? whether daughter is married? if married when her marriage took place? if not married then you may consider the following reply;

Since out of two owners who are Hindus one owner died the remaining owner can sell that property after getting relinqueshment of the share of mother and sister in his favour from mother and sister. The purchaser can feel safe.

He can sell that property after getting no objection from mother and daughter or after getting their signatures as consenting witness to the sale deed if he is living with them as joint family member and if the property is going to be sold by him for family necessities.

 

1 Like

Ms.Usha Kapoor (CEO)     07 December 2016

You should get relinquishment deed also from your mother and sister and if paternal grand mother is alive from her also. Any one or all of them can sign as POA or atleast sign as consenting witnessess.mMother, daughter, wife, son are class 1 legal heirs. All of them or the son himself get the property mutated in their or in his name.If  you appreciate this    answer please give me my profile likes in  exchange for a free legal advice.

1 Like

Kumar Doab (FIN)     07 December 2016

NOC may not be neccessarily = Relinquishment.

Notarized Affidavit is not = Relinquishment.

Rest your own counsel specialzing in revenue/property/civil matters can guide you further.

 

1 Like

Amit   07 December 2016

I checked the Ghaziabad authority website regarding Property tax and there only Son's name is reflected. Is this good enough proof or do I need to check some other document?

Kumar Doab (FIN)     07 December 2016

Property tax may nbot neccesarily confer ownership.

Your query(ies) have been resdponded.

As already suggested, for further deliberations, consult local counsel  with all docs and inputs.

Kumar Doab (FIN)     08 December 2016

Hope you are satisfied.

Prefer proper legal opinion from a counsel specializing in revenue/property/civil matters.

The fee is reasonable and your good money and long term interest can be protected.

 

 

 

Kumar Doab (FIN)     08 December 2016

'Buyer Beware' is applicable to property deals.

 


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