Legal Question in Wills and Trusts in India
I have been offered a house for purchase near Hyderabad, Andhra Pradesh.
The owner of the house, a Hindu, and a retired central government employee and a pensioner died about a year back, intestate (without a will). He is survived by his widow, his married son and his married daughter.
All 3 legal heirs, named above are ready to execute the sale deed in my favour. They do not possess a will or a succession certificate or a Legal Heir certificate.
I need to know what documents would I need from them to ascertain legality before proceeding with the registration ? What documents / certificates Would the registrar need to be able to register the sale deed in my favour ?
Are there any other issues I need to consider ?
An early response will be highly valuable.
Regards,
Subramaniam
1 Answer from Attorneys
28.10.2013
Dear Subramaniam,
The prospective seller of the house has to first get the title of the house transferred in the name of the deceased Owner's wife based on a Succession Certificate in the absence of a Will. You should only purchase it thereafter from the new Owner to avoid any legal complications.
Regards,