Yes, anyone claiming as legal heir can file a dispute suit.
In the absence of proper legal heirship certificate it will not be advisable to purchase the property however you may obtain a proper legal opinion from an experienced lawyer in the local
Regarding legal heir certificate
Respected Sir, One Mr.Ramesh had two acres of agricultural land in his possession till his death in 2004. In 2004 after his death one person Mr.Suresh (claiming to be his son, apparently his son) converted the property into residential plots and sold one of the plots to Mr.Ravi duly via registered sale deed in Sub-Registrar Office, after a few years Mr.Ravi sold this plot to Mr.Vinay and Mr.Vinay sold it to Mr.Arun and I would like to purchase this same plot from Mr.Arun. There is no double registration, the EC is very clear as the chain of successive owners is not in dispute. It has been more than 20 years since it was first sold and also death certificate of Mr.Ramesh is available. (1) There is no legal heir certificate available, so can another person other than Mr.Suresh come and declare himself as legal heir and claim ownership of this property? (2) Can Mr.Suresh himself create any problems in the future regarding this property?
Asked 12 hours ago in Property Law
Religion: Hindu
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7 Answers
Mr Suresh cannot claim the land as he has already sold the plot to Ravi
2) whether Suresh was the only legal heir of Rakesh is the issue .if he had any siblings they can claim share in property
- A legal heir certificate is issued by revenue authority like MRO, Tahasildar to legal heirs of a deceased State Government or Central Government for pension purpose or employment purpose. Such certificate is not issued for immovable property.
- Proof of descend like Aadhar, school certificate, ration card is valid proof of legal heirship.
- As you have clear EC and chain of transfers, you can purchase the
Verify the following documents…
- Encumbrance certificate from SRO to know previous transactions if any.
- If the transaction through GPA, the original gpa.
- If the flat is owner share/builder share check building agreement, obtain owner-builder agreement (certified copy).
- Sale deed of vendor and link from vendor’s vendor (all originals).
- Sanctioned plan from municipal authority.
- Only if you all the above document verified only than you proposal for loan will be considered.
Had Mr. Suresh Got land mutated in his name and other legal heirs of Mr. ramesh? Was there due partition among legal heirs? had legal heirs relinquished their rights in respect of land in favour of Mr. suresh? Mere death certificate of Mr. ramesh is not sufficient. Though mr. suresh cannot create issue but other legal heirs can do. verify the facts and documents verified before proceeding to purchase the land.
Yes he can but he needs to submit requisite title documents for the same
1. As per law , the legal heir certificate is not mandatory to transfer the ownership of a deceased person to his family members , and it can be transferred by mutation in the name of legal heirs.
- Hence, you can check the first sale deed executed by Mr Ramesh to know his status in the said property.
2. No, as the property has been sold multiple times.
Since the property originally belonged to Mr. Ramesh, and there is no legal heir certificate available, the following legal aspects need to be considered before purchasing the plot:
1. Potential Claims by Other Legal Heirs:
- In the absence of a legal heir certificate, other legal heirs (if any) of Mr. Ramesh can come forward and challenge the transaction, claiming ownership rights.
- If Mr. Suresh had siblings, a spouse, or any other legal heirs who were not part of the transaction, they may have a right to challenge the original sale made by Mr. Suresh.
- Under Hindu Succession Law, if Mr. Ramesh died intestate (without a will), his property would be inherited equally by all Class I legal heirs (wife, sons, daughters, and mother). If Mr. Suresh sold the land without the consent of other legal heirs, they can challenge the sale.
2. Potential Claims by Mr. Suresh in the Future:
- If Mr. Suresh was the sole legal heir and had complete ownership at the time of sale, he should not be able to raise any future claims.
- However, if there were other heirs who had a right to the property and Mr. Suresh had sold the land without their consent, those heirs could challenge the transaction, and Mr. Suresh may later claim that he did not have full authority to sell.
Precautionary Steps Before Purchase:
-
Obtain a Legal Heir Certificate: Although the EC (Encumbrance Certificate) is clear, insist on a legal heir certificate to confirm Mr. Suresh's authority to sell the land. -
Public Notice: Before purchasing, issue a public notice in newspapers inviting objections, giving any potential claimants an opportunity to come forward. -
Title Search & Indemnity Bond: Conduct a thorough title search, and ask Mr. Arun to provide an indemnity bond stating that he will bear liability in case of any legal dispute. -
Legal Opinion: Consult a property lawyer to verify all documents, including the chain of ownership, to ensure that the title is clear.
If there is any doubt about Mr. Suresh’s exclusive ownership, it is advisable to obtain a legal heir certificate or a family settlement deed from all possible heirs before proceeding with the purchase.
Thanks and Regards,
Advocate Aman Verma
Legal Corridor
