Can a property owned by parent and bequeathed to heir through will, be sold after the death of parent ( in absence of share certificates which were lost/missing,when parent/owner was still alive and CHS not responsive on issuing duplicate ) ?
RAKESH ISHI 18 March 2023
In your case, the heir will need to provide evidence of ownership of the property, such as the will, to the buyer. The buyer will also need to conduct a thorough due diligence process to ensure that there are no legal issues or disputes related to the property.
Additionally, the heir may need to take steps to obtain duplicate share certificates from the CHS or explore alternative methods of proving ownership, such as obtaining a copy of the property card from the local municipal authority.
It is important to note that the legal requirements for selling a property may vary depending on the specific circumstances and the laws of the jurisdiction where the property is located. It is recommended that the heir consult with a lawyer to ensure that they are following all applicable laws and procedures when selling the property.
J (SR MGR) 18 March 2023
@ RAKESH ISHI
Sir,Thanks for your reply.
In the absence of share certificates,the WILL which is evidence of ownership,needs to be registered or notarized one is sufficient?
Additionally is Property card a must ?
Whether the society which is not giving duplicate shares despite of giving regular request through indemnity bond and had no meetings of late ,can create any hurdle in such transfer/sale/transaction?
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
