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pradeep (self employeed)     30 October 2010

legal heir after death

Hi, I am talking about muslim property. Sale deed excuted in 1948 of 5 acers by ABC.
ABC died two years back.
Now ABC had left with wife say "DEF" and six children Say "M", "N", "O", "P"(sons), "Q", "R"(daugthers). All are majors and married and they too have major childrens.

Now I would Like to purchase this land. Can I take an affidivit from all the legal heir and get sale deed executed by the "DEF" alone

Please guide me in this regard.



Learning

 1 Replies

Swathi S Bhat (Advocate)     01 November 2010

Hi,

First of all ask the wife and children to produce family survival certificate of their family.  Signatures of all the family members(wife and children)required.  If the children are not the local residents or not in a position to put signature, then they can release their right over the property through a release deed.  Then get an encumbrance certificate along with original sale deed also. It is better to take an advise from a lawyer.


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