• Flat purchase suggestion

Hi Sir, I am Raghu the buyer of flat, Krishna is the seller. in the process of buying the flat i need clarity on below subjects.
1) Legal heir 2) Property tax correction
here is the detailed information for 1. Legal heir
year 1997: Raju (Builder) sold flat to Chandra in Hyderabad
year 1998: Chandra was died because of natural death in Nizamabad district.
Year 2012: Chandra wife Sharadha and his two sons applied Legal heir certificate in Hyderabad court and got the certification signed/stamped by magistrate.
year 2012: Sharadha by providing their legal heir certificate and identity (Ration card etc..) sold property to Krishna 
year 2020: Krishna proposed to sell the flat to me (Raghu)

Detailed information for 2. Property tax correction
Name correction: Currently the PTIN number showing the house holder name as 'Charan' but should show 'Chandra'.
Name Transfer: 'Chandra' is not the active owner right now. so need to transfer to 'Krishna' . For your information no tax dues so far.
Suggest me can i proceed to buy or not. If further no issues i will proceed to buy. Does above mentioned Legal heir certificate satisfy our needs.
Recently government proposed mandatory to provide PTIN number while registration in Telangana so can we apply for corrections.
So finally provide consolidated your valuable inputs relates to above mentioned two subjects (legal heir and property tax) and advice. Thanks
Asked 4 years ago in Property Law
Religion: Hindu

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4 Answers

1) Shraddha and 2 children should have executed sale deed 

 

2) if sale deed was executed only by Shraddha then Krishna does not have clear and marketable title to property 

 

3) mutation of property has to be done in name of Krishna then only can he sell the property to you 

Ajay Sethi
Advocate, Mumbai
97246 Answers
7854 Consultations

The legal heirs of the deceased erstwhile owner should have executed a joint registered sale deed in favor of the buyer, hence you may verify the sale deed executed in favor of Krishna tht whether the property was sold to him by a joint a sale deed executed by all the legal heirs of deceased Chandra.

If the property was sold by the wife of Chandra alone despite having the legal heirship certificate, then the other legal heirs have to execute a ratification deed in favor of Krishna.

 

Second issue is about the name transfer of tax;

The property tax is on  an unrelated person namely Charan, which has to be on the name of your vendor i.e., Krishna.

You can ask him to get the tax transferred to his name with the help of his vendors.

Let his vendors answer the problem and get the same clarified about the  error in the name of the tax payer.

If Krishna is unwilling to change the name of tax payer to his name, then you may decide not to buy the property.

Did you obtain a proper legal opinion from a local lawyer, if not, firs obtain the same and proceed only if recommended.

 

T Kalaiselvan
Advocate, Vellore
87448 Answers
2348 Consultations

Hello,

  1. There appears no impediment in purchasing the property as the heirship certificate obtained by the wife and children of deceased Chandra is valid and so her sale of the property to Krishna.
  2. Once you have purchased the property you can apply to get the name changed to yours in the PTIN number on the strength of the Sale Deed and the chain of agreements by which the property eventually arrived with you.

S J Mathew
Advocate, Mumbai
3596 Answers
175 Consultations

Dear Sir,

Details furnished by you may not be sufficient to give you concrete legal advise. It is better to share all the documents with local advocate and get exact legal advise failing which you may be misled and you have to face risk in future.

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
491 Consultations

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