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Tanveer (Wealth Manager)     27 December 2011

Land purchase from legal heirs without legal heir certificat

Dear legal Experts,

Greetings!

An acquaintance of mine has purchased a land with old dilapidated building vide a registered power of attorney executed by the grand children of the deceased title owner of the said property. Apparently, the title owner to the property who is deceased had six male children and no female child. The six male children of the deceased title owner to the said property also expired. This PoA mentioned here was executed by 12 grand children - male and female of the deceaed title owner to the said property There is no death certificate and legal heir certificate of the title owner to the said property, neither for his six children who also expired.

In short my friend has purchased the said property through a PoA executred by the grand children of the deceased title owner to the said property without the death & legal heir certificate of the deceased parties. However, he has sworn affidavits from the entire kith and kin of the deceased title owner allowing the PoA.

Now my acquiantance who is the PoA wants to register the property in his wifes name. And the following complications and apprehensions arise:

1) Is the above transaction a legaly viable and safe transaction.

2) Is there a possibility that a few heirs of the decceaed would have been left behind and not included in the PoA or the ssworn affidavits?

3) Is the PoA valid if a few heirs few heirs of the decceaed have been left behind and not included in the PoA?

4) Given the current situation is there a possibilty that there might be any claims from the heirs of the deceased in the future?

5) How to ascertain that alll the heirs to the deceased have been covered by the PoA?

6) WHat steps to take to fullfill the legal requirments and have a right over the property free of future claims.

Your advice and able guidance will be deeply appreciated.

Thanking you in advance,

Kindest regards,

Tanveer



Learning

 2 Replies

K. GOPALAKRISHNAN (ADVOCATE)     28 December 2011

POA stands cancelled as soon as the prinicpal or agent dies.  Hence you friend should have obtained registered POA from the legal heirs of the deceased persons.  Obtaining a Indemnity Bond from the all legal heirs for the absence of the death certificate and legal heirship certificate and a affidavit from each and every legal heirs stating that they are the legal heirs for the deceased person and no other one else. 

Tanveer (Wealth Manager)     28 December 2011

Dear Mr. Gopalakrishnan,

Thank you for your reply.

My friend had obtained from PoA from the legal heirs (grand children) of the deceased title owner to the said land. However there are no death certificates and legal heir certificates of the owner and his legal heirs who  have expired.

 

 

Now my acquiantance who is the PoA wants to register the property in his wifes name. And the following complications and apprehensions arise:

1) Is the above transaction a legaly viable and safe transaction.

2) Is there a possibility that a few heirs of the decceaed would have been left behind and not included in the PoA or the ssworn affidavits?

3) Is the PoA valid if a few heirs few heirs of the decceaed have been left behind and not included in the PoA?

4) Given the current situation is there a possibilty that there might be any claims from the heirs of the deceased in the future?

5) How to ascertain that alll the heirs to the deceased have been covered by the PoA?

6) WHat steps to take to fullfill the legal requirments and have a right over the property free of future claims.

Your advice and able guidance will be deeply appreciated.

Thanking you in advance,

Kindest regards,

Tanveer


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