2. Real Estate & Property Law
  3. Sunday, February 11 2018, 11:01 AM
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I am planning to buy a flat which is jointly owned by a son & his mother. Mother has expired long time back & she has not left any will. Even the father of son / husband of wife has expired few months back. Son is claiming that he the only successor of his parents & do not any brother/sisters. But I am not sure about his claim. As per son the property can be sold & registered in my name with the help of death certificate of his mother. Some friends of mine have advised not to go for deal without a proper will (which is not available) or letter of administration / succession certificate (which is a time consuming process).

Now, I am confused on following points:
Whether I should ask for letter of administration OR succession certificate from seller
Is it of any use to ask for both letter of administration & succession certificate?
What is the difference between letter of administration & succession certificate?
Does letter of administration applicable in cases where will is not available/made?
Is there any other alternative of letter of administration & succession certificate for legally buying the property? Is it possible to close this deal through gift / relinquishment deed / legal heir certificate?
Shall I ask the seller to first get the property registered in his name only (single owner) & then we should go ahead for the deal.
What is mutation of property? Does this happen before or after the registry of property in the name of new buyer.
What are the tentative charges for letter of administration & succession certificate?

Please advise whether I should go for this deal or not. If yes, what will be the correct approach / process.
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indian Accepted Answer
A Letter of Administration is needed by the heirs of a dead person for disposal of the immovable property of that person.Thus, in your case first ask the son to get Succession certificate from the court only then you can safely enter into any transaction regarding any immovable property with him.

In the absence of Letter of Administration you are taking huge risk which is not at all advisable.

Ankit Tuli Advocate
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