Priya Ravikumar 31 May 2023

Property without heir certificate

Seller A's sons sold the property in 1996 to Seller B. Property is not ancestral property but by his own money bought but the A died and His sons sold it to B. Seller B was the owner from 1996 to till now. Now he is selling to me. Pattu is in the name of Seller B

Issue1. Property doesn't have legal heir certificate

Issue2. There are 4 daughters and their signature or there is no liberation deed present with B

is it legal to buy this property or will I encounter any problem say if the daughters file a case?
please help

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3 Replies

Real Soul.... (LEGAL) 31 May 2023

Since the property is in the name of seller legally he is the owner but sisnce you say that the sisters or prime owner still are not given their share, it is better to get them sign the document as witnesses and if they refused then you have the problem any time they can challenge the sale deed. Just check the old sale deed if any of the sisters has signed that as witness or esle.

Kishor Mehta (CEO) 31 May 2023

Where the property is situated? If it is either in Maharashtra, West Bengal or Tamilnadu, the original sale is questionable if done without succession certificate. In other cases the regional laws will apply.