Dear Sir/Madam, I have a plan to buy a property which is registered by two parties named 1. Sanaulla and 2. Jalil. Both parties are siblings and the property which they bought was from Third party. Party 2.Jalil is passed away 10 years ago and unmarried too. we got the death certificate and legal heir for register the sale deed considering 1. Sanaulla has the whole rights to sell the property as 2.Jalil unmarried. When I contact the document writer for execute the sale deed, he noticed from the legal heir one more brother 3. Baruk is dead now and we need his death certificate also to register legally as party 2.Jalil passed away without getting married. Also we need to get all the persons Signatures which is listed in the legal heir. Then only we can register the sale deed legally and can change the all other like pasta, EB, Property tax to my name. Also he told without 3.Baruk death certificate and legal heir we cannot submit the sale deed to the registration. MY Question : 1. Is this required (DC of 3.Baruk and legal heir) to register the document as the property bought by 1. sanaulla and 2. Jalil from the 3rd Party. 2. Also family members of 2.Jalil has the rights to have share in the property as he is unmarried. 3. Any disputes can arise in this property Please advise us.
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since second co owner died intestate on his demise his brother would be one of the legal heirs to his share .
2) third brother consent is necessary to sell the property . if third brother is dead his legal heirs have to be agreeable for sale of the property
3) if you purchase property from Sanualla tomorrow third brother or his legal heirs can move court to set aside sale deed as they have not been give share in property
1. In fact the share of the property of decesed owner shall devolve on his other lineal descendants even if he is unmarried.
Therefore you may have to verify the legal heirs on that count.
A third party who is not a joint owner cannot be considered as party to the sale of property hence insistence on his death certificate and legal heirship certificate may be unnecessary.
You should always obtain a legal opinion by producing all the relevant papers of the property before an advocate in the local before proceeding with the huge investment into the property.
2. The legal heirs of jalil are entitled to a share out of his share in the property.
3. There may be a claim for a share of the deceased Jalil from any of his legal heirs in the future hence you can get the issue solved now itself.
1. If 2 sisters have bought the proeprty in their name then on the death of one sister her share falls on her brother also provided she died before the death of her brother.
2. So death certificate of brother is also required and consent of his legal heirs, if any.
3. Since Jalil was unmarried then her share falls on her sister and brother only provided her parents died at that time.
4. If you do as advised above no dispute should happen.
Dear All, Thank you for your prompt response. I discussed with the local lawyer and he given the solution as below. As the party 2.Jalil is passed away intestate, his share is equally spread among the brothers and sisters of 2. Jalil. 2. Jalil had a valid death certificate and legal heir document. 2. Jalil one of the brother 3.Baruk also passed away and he doesn’t have a valid death certificate and legal heir. But 3.Baruk wife is alive and he had no childrens. So baruk wife signature is enough to share the property. Lawyer suggest us to execute the release deed and register to the favour of 1.Sanaulla from his sisters and brothers including wife of 3. Baruk. Also lawyer will give a legal opinion letter for this deed to me. 1. Sanaulla get the full rights to sell his property. And I can get the property from 1.Sanaulla. And there is no more legal disputes in this property. I understand and it’s clear for me. But still I have a confusion that without death certificate and legal heir of 3. Baruk, Is it possible to register the release deed as his wife is alive and signed in the release deed. Please clarify…
You need Baruk death certificate
2) only onhis demise would his widow inherit his property
3) for obtaining letters of administration or succession certificate or legal heir certificate from court you need baruk death certificate
4) then release deed can be executed by his wife
5) if you later try to sell property purchased from Sanulla any purchaser would insist on death certificate of baruk
The intestate succession of the said property as narrated by your lawyer would be applicable to to Hindu succession act and may not apply to Shariat or Islamic succession law.
As per Muslim personal law (Sharia) or Islamic Laws of Inheritance, "Allah commands you regarding your children. For the male a share equivalent to that of two females.
This first principle which the Quran lays down refers to males and females of equal degree and class. This means that a son inherits a share equivalent to that of two daughters, a full (germane) brother inherits twice as much as a full sister, a son’s son inherits twice as much as a son’s daughter and so on.
In Islamic jurisprudence there are a total of twelve relations who inherit as sharers.
If there are any sons the share of the daughter(s) is no longer fixed because the share of the daughter is determined by the principle that a son inherits twice as much as a daughter. In the absence of any daughters this rule is applicable to agnatic granddaughters (son's daughters). The agnatic granddaughter has been made a Quranic heir (sharer) by Muslim jurists by analogy.
The list stretches too long. You may find a heir cropping up at a later date claiming his share in the property you have purchased it now.
Thus, better take a second opinion from a different layer before finalising the deal.
1. On the demise of one co-owner i.e Jalil his share devolved through succession on his brothers. The share which devolved on Baruk further devolved on his widow. Thus the widow of Baruk has to sign the sale deed along with the other co-owner i.e Sanaulla in favour of the buyer to convey the title to the property.
2. Alternatively, the widow of Baruk has to release her share in favour of Sanaulla, thereby making him the absolute owner of the property, who can then sell the property in entirety.
Go by the advise of the lawyer who gave it after perusal of documents.