Buying property from legal heris
kiran
(Querist) 28 January 2022
This query is : Resolved
I am buying a property from the legal heirs (Wife, Son, Daughter) as the property owner deceased. As per the family member certificate issued by MRO, Government of Andhra Pradesh the family members deceased person mentioned were (Wife, Son, Daughter). Can you please help in know below queries 1. Are they authorised to sell the property 2. I have one, how can I make sure whether deceased person doesn't have 2nd wife or children with them.
Read more at: https://www.lawyersclubindia.com/experts/property-sold-by-legal-heirs-739401.asp
kavksatyanarayana
(Expert) 29 January 2022
As the MRO's certificate, the wife, son, and daughter of the deceased can execute the sale deed. 2. Can anyone say whether he had 2nd wife. It is an unnecessary thought. If you think so, she has no right over the property.
Advocate Bhartesh goyal
(Expert) 29 January 2022
( 1 ) yes, deceased legal heirs as per certificate issued by MRO have right to execute sale deed.
( 2 ) second wife if any, has no authority ( as she has no legal status of wife ) to execute sale deed of deceased property
kiran
(Querist) 29 January 2022
Thankyou Satyanarayana and Bhartesh Sir - Initial part of the query got clarified.
Also understood his 2nd wife has no authority.
Final query need your help to understand
Let's assume if he had a 2nd wife, both deceased party and his surviving 2nd wife had a children, whether those children have right in the property.
kavksatyanarayana
(Expert) 29 January 2022
Yes. If 2nd wife has children through the deceased person, then they have right over the property.
Advocate Bhartesh goyal
(Expert) 29 January 2022
Yes, second wife's children ( illegitimate ) from deceased person have also right over property.
kiran
(Querist) 29 January 2022
ok, thank you Satyanarayana and Bhartesh sir for the update.
In that case what the sanity/legal binding of the family member certificate issued by MRO which show's only 1st wife, son & daughter and not showing the details of children from his 2nd wife.
Sudhir Kumar, Advocate
(Expert) 31 January 2022
1. Are they authorised to sell the property
WHO ELSE DO YOU THINK IS AUTHROTRISED
2. I have one, how can I make sure whether deceased person doesn't have 2nd wife or children with them.
YOU HAVE GOT SUCCESSION CERTIFICATE IN FRONT OF YOU. YOU CAN AT THE MOST ENGAGE AN ADVOCATE DEALING WITH "DUE DILIGENCE" WHO WILL EXAMINE REVENUE RECORDS AND SATISFY YOUR SELF ABOVE THERE BEING NO OTHER CLAIMANT.
FURTHER YOU MAY ENTER A CLAUSE IN SALE DEED WHEREIN SELLERS UNDERTAKE THAT THERE IS NO OTHER CLAIMANT OF THE DECEASED HAD NO OTHER FAMILY.
P. Venu
(Expert) 03 February 2022
The posting suggests deeper issues. Please post complete facts.
kiran
(Querist) 04 February 2022
Hi Venu sir -
Below is what I am doing.
I am planning to buy a property from Legal heirs, family member certificate issue by MRO include, Wife, Daughter and son names.
Below is my doubt
I have internal doubt, if at all deceased person having other family (2nd wife along with children) and sellers (legal heirs as per family member certificate) are hiding the the fact about 2nd family. What is the sanity/legal binding of the family member certificate issued by MRO.
Isaac Gabriel
(Expert) 04 February 2022
Of course. But it is risky that the 2dn wife's siblings could start litigation.
P. Venu
(Expert) 04 February 2022
Admittedly, it is only an internal doubt, not a factual or legal issue.
