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Sreekanth   17 August 2017

Succession certificate or legal heirship certificate

Hi,

I am planning to purchase a residential property registered in Kerala in the name of the man (Hindu). After keeping ownership of that property for almost 15 years, he died. He has wife and children. What types of documents needed to get for such sale transaction additionally to a normal sale. Some people are requesting me to collect" legal heriship certificate", some are saying to get  "succession certificate". So please suggest me properly to avoid future issues.

 

Email id: srkanth4p@gmail.com



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 7 Replies

Azhagananth (Lawyer)     17 August 2017

First collect  the Title deed, Parent deed & E.C of the property  and verify for the " Title and possession".

After confiming the "Valid title" seek for death certificate and Legal Certificate of the deceased.

You may also Verify for Tax and Receipts

Advocate Bhartesh goyal (advocate)     17 August 2017

You have to collect the legal heirs certificate of deceased owner.

Keshav Rao N (Retired Bank Executive(PSB).)     17 August 2017

First find out whether there are any other legal heirs.Next check for any encumbrances like mortgage etc.

If these two are the legal heirs then they are competent to enter into a sale transaction.For good order's sake publish a notice through a lawyer your intention to purchase the property and inviting any objections to the deal.

The sale deed drafted by a lawyer should trace the ownership of the property mentioning the relevant legal documents and as to how the present owners have a title to the property.Once all this is done get the sale deed registered.

In some states only Family Certificate is issued,meaning that Municipal authority or some such authority will merely give a certificate that so and so passed away and such and such are the family members.But this is not equivalent to Succession Certificate/Legal heirship certificate.It can be used for limited purposes.A propper SC/LHC can be given by a court application to which any one party has to make.Then after giving notice etc. and waiting for some period the court issues the certificate.This is a pucca document and nobody can challenge it.This is done mostly when the property is being distributed/partitioned and individual shares are to be identified.In such a case each legal heir gets a title to his/her share and can dispose off that share as deemed fit.

In your case since they are jointly disposing off the entire property and going to receive the consideration in lump sum,there is no such impediment.

Anyway,check with a lawyer.

 

 

Kumar Doab (FIN)     17 August 2017

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Kumar Doab (FIN)     17 August 2017

You have been adequately advised.

Obtain last paid bills of electricity, sewerage, water, etc etc 

 

Trained and seasoned lawyer shall take all precautions…

May inquire if the deceased has married once only and did not have any other void, voidable, marriage or any other child from illicit relationship.

May Check his service record for list and names of family members……..

All legal heirs may sign on sale deed………….

 

Your own counsel can take care of due narration in sale agreement, sale deed

Dr J C Vashista (Advocate)     20 August 2017

Contact, consult and engage a local lawyer with relevant documents for better appreciation of facts and proper proceeding in your favour.

Kumar Doab (FIN)     20 August 2017

The legal opinion as alreadu suggested above can defend your hard earned monies.

The FEE if any is reasonable and worth it.


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