Things To Know Before Buying Property from Legal Heirs

Are you planning to buy a property from legal heirs?

If so, the following article may guide you:

There are generally two situations in the case of buying property from legal heirs, which are mentioned below:

1. Legal heirs as per the will of the deceased.
2. Legal heirs of the person died without leaving a will.

Now, let’s examine both the above said cases one by one:

Legal Heirs as Per the Will of the Deceased

When a person expires leaving a will mentioning the successors of his estate, things are rather easy at the time of selling the property after his death. Of course, the prospective buyer needs to verify the genuineness of the will and ensure that it is the last will.

It goes without saying that only the last will prevails. Even if the will is not registered it is fully valid. Naturally, the successors mentioned in the will can duly sell the property of the deceased.

Legal Heirs of the Person Died Without Leaving a Will

In this situation i.e. when the person died has not left any will, the legal heirs have necessarily to get a succession certificate to establish their right of being legal heirs. Succession certificate is a certificate issued by a competent court to the successors of the estate of the deceased person who died intestate i.e. without leaving a will.

It is the document which determines the person(s) who are the legal heirs to the property of the deceased. Moreover; this document proves the authenticity of the heirs and conveys the authority to inherit the property of the deceased.

In other words, it authorizes the person(s) in whose favour it is issued, conclusively and they can own the properties, accounts, securities etc. which were in the name of the deceased person.

How to Get a Succession Certificate?

In the event of death of a person died without leaving a will, his or her legal heirs can submit an application to the district court or high court in the jurisdiction in which the landed property in question is situated or where the person deceased was ordinarily residing.

Such a petition should contain all relevant details such as full name of the deceased, time and date of death, place of death, place of residence of the deceased, details of kith and kin of the deceased along with their addresses, names of other heirs, if any, name and relationship of the petitioner, details of the properties and other assets of the deceased.

The petitioner has to submit copy of the death certificate along with evidence of his or her rights as to the capacity according to which he or she should be declared as the successor. The court will, of course, realise a fee in the form of stamp paper.

After getting the application, apart from the notice to the respondents, a notice will be published in newspapers specifying a period, say 45 days during which anybody is allowed to intimate his objection, if any, against the issue of the proposed certificate. In the event of nobody coming forward to contest the petition, an order will be passed by the court on the expiry of the specified period for granting a certificate as applied for.

It is issued as per the applicable laws of inheritance. Ordinarily a period of approximately six months may be required for the whole process.

Once a succession certificate is obtained, the successor(s) mentioned therein can duly sell the property.