If you are looking forward to buy a property and have already approved particular site or house which is an inherited property then before putting in your hard earned money into the advance and the further installments please understand what the law states about it.
Before After the owner of the property dies, the legal heir gets the right of that property but the big question is how to determine who the legal heir is especially in the context when there are many legal heirs to the property in the form of sons and daughters. You can check out home buyers guide on Guruvayoor
The laws cover all these aspects very well by clearly describing the various ways and situations when a person becomes a legal heir to a property.
Transfer of property Act, 1882 is the Indian legislation which regulates the transfer of property in India. According to this Act,the property is broadly classified as immovable property which excludes standing timber, growing crops and grass and includes land, building and fisheries, etc.and the movable property.
Everyone who is competent to enter into a contract,can transfer the property which may be done in the present or the future. A will can be framed by the person which is a “legal declaration by which a person, the testator names one or more persons to manage his or her estate and provides for the distribution of his or her property after death”.
When a person expires leaving his will then it is a clear and easy case as the legal heirs are nominated by him when he was alive but ensure the genuineness of the will before buying property from legal heirs made from the will as there are cases of frauds where false wills are prepared to sell of the properties and ensure that it is the last will as only the last will prevails and not the ones previous to it.
If the legal heirs are the people who were not given this right through a will then they have to get the succession certificate which is issued by the court to the successors after the death of the original owner. This document proves the authenticity of the heirs and conveys the right to inherit the property of the deceased.
To get the succession certificate, after the death of the owner of the property, the heirs who get legal right over it have to submit an application in the district court or the high court in the jurisdiction in which the property is or where the deceased person was residing.
The petition will contain all the relevant details such as full name of the deceased, time and place of the death of the person, details of the legal heirs, their relationship with the deceased etc.
The petitioner has to submit the copy of the death certificate along with the evidence of his/ her right. The fee in the form of stamp paper has to be paid to the Court.
A notice is placed in the newspaper within 45 days so that anyone can raise objection against the proposed certificate. If there is no objection an order is passed by the court to grant the specified certificate.
If the father expires without leaving the will, then the property is divided in equal shares to the heirs who are classified as Class 1 heirs viz his widow, his children and the mother of the deceased. The legal heir certificate can be obtained from the Tehsildaar after he makes certain enquiries and Documents such as the death certificate and the relinquishment deed.
Relinquishment deed is a legal document/instrument where a person formally gives up or releases the legal rights of this property being relinquished in the name of the same person.
You can also check out our other article based on “Checklists of Property Documents that you need to hand over to the buyer before you sell your house”.
This is one of the modes of transferring the rights of the immovable property.
When a person dies and the legal heirs leave their share for some other heir or heirs the relinquishment deed is needed. This is generally needed for those properties which owned by many people.
When buying property from the legal heirs which is owned joined check for the relinquishment deed should be checked and verified
If a husband dies leaving the property, then according to the section 10 of the Hindu Succession Act, all the heirs are entitled to equal shares provided they are class 1 heirs. A remarried widow can keep the share of the dead husband’s property. The heirs of class 1 get shares in the property according to the provisions of the law.
The Hindu Succession (Amendment) Act, 2005 restricts the rights of the daughter in the father’s property if he died before the amendment came into force. The father would have to be alive on September, 2009, if the daughter wants to be a co sharer with her male sibling. All that is needed is that both the father and the daughter need to be alive on the date of the amendment.
These are some of the provisions in the various laws of the Indian legislation for the transfer of the property. When buying property from the legal heir make sure that all the documents are there and establish their validity and authenticity by getting the documents checked and verified by the legal experts and the concerned authorities issuing them.
Make sure that the claim presented by the heir is true and it is not fake as it will cost you a lot in the terms of your hard earned money and mental peace and satisfaction.
The Indian laws and provisions cover almost all the aspects which can be encountered in the real world. One needs to understand them clearly to their true meaning. A true and thorough interpretation of these laws is needed to save oneself from any problems.
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