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Dileep (Sr.Software Engineer)     27 April 2022

Title transfer/registration

Hi, What is the way to purchase the land where the land owner and her son both are deceased. 

Land Owner(Grand Mother) Expired and death certificate is not available
Land Owner Son Expired and death certificate is available 
Daughter to Landowner son(grand daughter to land owner)  Alive and trying to sell the land

Currently land is still in the name of deceased grand mother and we are cousins to grand daughter of land owner. In order to register it to our name  what is the legal way.

By the way it a sale.

 

 

 



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 April 2022

If you have the legal heir certificates  then you can sell the property as Legal Heirs. It is NOT MANDATORY to have the Mutation and Registered Deed in the name of Seller.

Dileep (Sr.Software Engineer)     27 April 2022

Dear Sir, Thank you for the reply. But one other doubt, since the living person is the grand daughter to the land owner does having Legal Heir certificate give her the right to register that land on our name?

P. Venu (Advocate)     27 April 2022

The posting suggests deeper issues. Please post complete facts.

G.L.N. Prasad (Retired employee.)     28 April 2022

This is not a simple issue as the document/revenue records stand in the name of the grandmother, and the physical possession is not known.  Having a name in the revenue may be only useful to establish possession.   Unless the property is divided into metes and bounds showing the extent and boundaries for the property standing in the name of Grandmother, it's not lawful to sell away the land.

However delivery of possession is most important, and there are lakhs of purchasers who wish to grab the lawfully or unlawfully at a throwaway price, even when the property is in dispute.  Everyone is aware that litigation takes decades to get settled.

Dileep (Sr.Software Engineer)     28 April 2022

Dear Sir, Following are the complete details of the property. It is a joint property(ancestral) between us and our cousins. 
We haven't done the partition yet. No third person is in possession of it or none of us(we or our cousins) occupied it. 
And we are clear with all the actual bounderies of the joint property since we have a big wall around the entire land. 
So now we want to purchase their share of land too instead of partitioning the exisitng proerty. 
But as I mentioned in my first post one of share holders land is on their grand mother name and her grand daughter is ok to sell her share of land to us. 
Now for us to get that piece of land registerd on our name what does our cousin required to do or what all documents are necessary for her to get the right 
to register that land to us.

G.L.N. Prasad (Retired employee.)     28 April 2022

Contact a local advocate for precise guidance.

P. Venu (Advocate)     28 April 2022

How is that the property is ancestral? What do you mean by ancestral?

And post precise and succinct  facts, not subjective opinions.


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