Vimal R 07 January 2021

No Death and Succession certificate - 1990

We're about to buy a land property, which was partitioned on1990, between 3 male siblings.

There is No death certificate for their father, and also No legal heir/succession certificate for them to prove they are the only children for their father.

It has been 30 years now. In case if there is any other sibling, could he/she suit a claim for a share now? The documents are already given to a local Advocate. Kindly advise me experts..Thank you

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Quick Summary

A buyer is considering purchasing land partitioned between three brothers in 1990. However, there's no death certificate for their father, nor a legal heirship certificate to confirm they are the sole heirs. The buyer is concerned about potential claims from other siblings after 30 years and asks if the Law of Limitation applies.

3 Replies

Selva Ganapathi 07 January 2021

The documents are necessary and if that is ancestral property, the siblings may claim suits the shares.

1 Like

SHIRISH PAWAR, 7738990900 (Advocate) 07 January 2021

Hello,

The property is in the name of their father and the father is dead. So they have to get a legal heirship certificate from the court. Otherwise, it is a risk in buying such property. There can be other siblings or some other claim. You may avoid buying such property.

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Vimal R 07 January 2021

Thankyou very much dear experts...
I've once heard from one of my friends that there a Law of Limitation - thus one cannot claim a property beyond certain years.... Does this apply here please?....