hameed (dfafd) 18 December 2010

legal hier-whether father of deceased is eligible?

Hi,

I am trying to purchase a plot in tamil nadu. The present owner of this plot Mr. X (male) died in 2008 and he had self-acquired this property. Mr.X does not have any children. At present Mr.X's father & Mr.X's wife is alive. Mr.X' mother died before him.

The legal heir certificate issued from local tahisildar shows in the main column as Mr.X's wife as legal heir. However as note below the legal heir ceritificate, tahislidar mentioned Mr.X's father's name also.

So my advocate is at opinion that Mr.X's father is also legal heir and hence Mr.X's father also needs to come & sign as vendor for registration.

However, when I read many other messages in this forum, it says Father of deceased will become legal heir only if there are no class I legal heir.

Point to be noted here is that , Mr.X's father is 91 years old and does not claim any share about this property.

So, could you pls. advice whether if we get Mr.X's father also signed in sale deed? does he have right to sell?

as a safety measure, it is good to get Mr.Xs father signature?

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7 Replies

(Guest)

not necessary. only wife can execute the sale deed that's enough

MEENA SHARMA (TEACHER OF LAW IN UNIVERSITY) 20 December 2010

father has no right in the property of his deceased son as he is only a class 2 heir while the wife of the deaceased is class 1 heir and as such excludes class2 heir.

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hameed (dfafd) 20 December 2010

Thank you sir and madam.

Now i am confused.. as per my advocate advice, I should be getting notarized power for 50% share of the plot and it would be given to daughter-in-law (who is wife of deceased) and in-turn dauther-in-law will execute 100% share of property in my name by sale deed.

should i look to assume that anyway this daughter-in-law is complete owner of the property and no harm in getting additional power from her father-in-law to sell and in which case, is it necessary mention the power in sale deed?

thanks for your help. or should i look to go for another advocate?

H.M.Patnaik (Proprietor) 26 December 2010

In the light of limited facts stated, I am of the opinion that as per law the wife of the deceased is the sole heir of the property in question as this is a self acquired property of the deceased .If you need better safety, the father deceased may be asked to be a witness to the Sale Deed at the time of transfer of ownership.

Bhawani Mahapatra (Law Officer) 27 December 2010

Its not necessary to obtain signature of father of the deceased Mr. X, as he is class-II legalheir of the property owner which is self-acquired. The principle of law is that the property will flow to class-II legalheirs only when there is no class-I legal heir. However for safer place, if possible ask the father of Mr. X to sign the document as an witness.