How can the sale deed of a KDA house be transferred to the buyer if the seller (my deceased father) received only partial payment and the buyer demands the transfer before full payment?

Public Legal Queries Property and Land Issues
1

Father passed away, he had sold the house (KDA house) in his name, full payment is yet to be collected from the buyer. Some of it is collected only. For the rest of the payment, the buyer demands a sale deed transfer. How it will be transferred since he’s gone?

2

In the scenario you’ve described, where a father has passed away after selling a house that was in his name but before receiving full payment, the legal transfer of the sale deed involves several steps to ensure compliance with Pakistani law.

  1. Legal Representation:
  • The legal heirs of the deceased father must first obtain a Succession Certificate from the relevant court. This certificate identifies the legal heirs and their respective shares in the estate of the deceased.
  1. Notice to the Buyer:
  • The legal heirs must notify the buyer of the property about the death of the seller and provide them with a copy of the Succession Certificate.
  1. Completing the Sale Transaction:
  • The legal heirs must decide whether to proceed with the sale. If they agree to proceed, they must ensure that all remaining dues are cleared by the buyer.
  • Muhammad Abdullah versus Maqbool Ahmad and Others, PLD 1966 W. P. (Rev.) 78, clarifies that a mutation can be sanctioned post-death if all legal requirements of the transaction were fulfilled before the party’s demise.
  1. Execution of the Sale Deed:
  • All legal heirs must execute a fresh sale deed in favor of the buyer. This deed should clearly state that the legal heirs are transferring the property as the successors-in-interest of the deceased seller.
  1. Registration of the Sale Deed:
  • The sale deed must be registered with the relevant land registry office. This involves paying the required stamp duties and registration fees.