Rajan 20 October 2016

Entering sale agreement before getting heir certificate

Dear Lawyers!! I'm interested in buying a agricultural land in a village near coimbatore, TN. The title owner and his wife had passed away. The children are trying to sell the property. The title owner passed in the year 91 and his wife in 2000. I would like to buy the property. Mutation has not been done in favour of children"heir" yet. Theydomt have death certificate , heir certificate yet. So a registered sale agreement at this point of time is not possible. I'm in possession of land for agriculture. They are offering to sell it to me and asking me to do the needful to get the papers needed to transfer title. Is it safe for me to spend time and resources . How can I do it in good faith and in a. safe manner. Please do guide me.

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H.JanakiManohar Rao (lawyer) 20 October 2016

It is always better to purchase the property with clear title.In your case owners are no more.So the property devolves to legal heirs.You don't who they are.So u get the sons obtain the succession certificate from the proper court and then u can purchase d property.

Rajan 20 October 2016

@ Janaki Manohar Rao I know he has 4 sons and 3 daughters . Mother of the title holder passed before the title owner passed too. do I need the mothers death certificate too?? One of the sons of the title owner passed leaving three children and a wife.The legal heirs are not literate. So the didn't care about it then.they all are willing to sell. I'm not paying them at this point. Except a token advance to proceed with getting the necessary papers.do I get an NOC from all class I heirs but one and get mutation to one person or get mutation in. Favour of all? Please guide

Kumar Doab (FIN) 20 October 2016

It is believed that owners and legal heirs are Hindu.

ClassI legal heirs of Hindu male are; Mother,spouse,sons,daughters................

Such terminology is not used for Hindu female.

Legal heirs Hindu female are; spouse,sons,daughters.......if the estate is self earned/acquired/absoloute..............Or legal heirs of husband if the estate is acquired from husband...............

The owner can sell.

Let them record thier heirship/inheritance in mutation records.

Kumar Doab (FIN) 20 October 2016

Death certificates, legal heir certificates are requisites.

All may sign the sale deed or atleast as consenting witnesses.

Approach a very able counsel specialzing in such/family/property/revenue/civil matters and well versed with local laws.

Succession opens on date of death.

Rajan 20 October 2016

@kumar doab Yes ..it's a Hindu family. So is it ok to to have an unregistered written agreement from all of them and proceed further to obtain certificates needed to register with an indemnity bond from All class 1 heirs? Do I need a death certificate of the title owners mother who passed way before the owner? Thank you

Kumar Doab (FIN) 20 October 2016

I have already answered your queries, posted again in your last post.

Hope you have also noted that; Succession opens on date of death.

it is reiterated that; Approach a very able counsel specialzing in such/family/property/revenue/civil matters and well versed with local laws, before you act on your own.

Rajan 20 October 2016

Thank you Kumar!! I will continue. One more request!! What if the owners family card is not available for proof of address. What can be done on that?

Rajan 20 October 2016

Also @kumar doab Should I mention the status of the death certificate and heir certificate wd be applied and the same would be given to me with a time period. Is it better that way?

Entering sale agreement before getting heir certificate

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