The Buyer may take following important precautions in case of Seller's death post execution of Agreement to sell / purchase but Prior to registration of sale / conveyance deed in favour of the Buyer:
1. Identify legal heirs (obtain legal heir certificate / letter of administration / Succession certificate / Surviving member certificate / Vaaris Praman Patra).
2. Send them notice informing them about agreement with the deceased seller.
3. Execute New Agreement to sell / purchase with the legal heirs to bind them once again.
4.Insist on probated copy of WILL from legal heirs (if the Seller executed the WILL prior to his death)
5. Don't think that Mutation confers title / right.
6. Get Relinquishment / Release Deed executed (if applicable)
7. Obtain NOC from all other legal heirs (if applicable)
8. Obtain Indemnity cum Undertaking from the person who is getting sale deed executed in your favour.
9. Pay balance sale consideration to all the class - 1 legal heirs and don't pay 100% to any one of those (until legal ownership is transferred in favour of that one person).
10. Initiate legal proceedings (legal notice / suit for specific performance) if the legal heirs refuse to execute sale deed in your favour.
There might be more precautions / procedures on case to case basis.
Advocate Subodh Gupta
B.Com. MBA(HR). LL.B. LL.M. (High First Class, Always)
Mobile / WhatsApp: 9560080016
Email: AdvocateSubodhGupta@gmail.com
Member - Supreme Court Bar Association
Member - Delhi High Court Bar Association
Member - Delhi Bar Association
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