htarap1973 (ffff) 20 May 2012

Sales of property after death

Hello,

The property which I am looking to buy is in the name of the Selling party Mr.X who has 3 sons. He passed away and has prepared a deed of agreement before his death which has been notified by a High court advocate.

As per that the eldest son has been nominated for the propery. The share certificate has been transferred in his name.Now the Son wants to sell his house.

a. What is the possibility that the other two sons can claim right in the property later.

b. Is the Share certificate valid document to authenticate title to the property

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 20 May 2012

Share Certificate is not title. If the property was self acquired property of the father then on his death all sons become owners to the tune of 1/3rd each, in absence of a will. If property was ancestral they acquire that right during lifetime of father itself. Hence proceed with caution - get a due diligence of property done by a local adv. and insist on registered relinquishment deeds from other sons.

htarap1973 (ffff) 20 May 2012

Thaank you Mr. Chugh.

Additionally wanted to clarify...the current documents does not have registered will , but there is an notified Award by sole arbitrator (chartered accountant) mentioning the share of properties to various family members which includes the property that I am looking to buy. The Award has a notary stamp but no registry stamp.

Is this document of award valid and can it be considered clear title to avoid any future claims to the property.