Settlement of property (which is still under development) amongst legal heirs
N K GUPTA
(Querist) 18 July 2013
This query is : Resolved
We are all 1 brother & 5 sisters in all.
In the year 2005, my mother as first applicant together with one of my sisters applied for a plot with a private developer in Ghaziabad with equal shares i.e. 50%:50% & paid nearly 30% of the total plot-cost as registration money.
In the year 2010, provisional allotment of the plot was made by the developer. 45% of the total cost of the plot (including the amount paid in the year 2005) was demanded by the developer. Both paid their shares to the developer.
In the year 2011, further installment of 10% demanded by the developer and paid by both equally according to their share in the property.
Unfortunately, there-after, my mother got expired.
In the year 2011 itself, further payment of 10% and some other charges were also demanded by the developer and the same were paid by my sister towards her share in the property and by my father towards my mother’s share which otherwise has to be paid my mother.
The application-form submitted to the developer had a column regarding declaration of nominee in which my mother has nominated me as her nominee towards her entire share in the said property.
When the developer was requested to transfer my mother’s share in the property in my name, he asked me to complete certain formalities from all legal heirs.
My queries are hereunder:-
1. As the property is still under development, and the application-form submitted by my mother declares me as “Nominee”, can the developer ask me to complete all formalities from all legal heirs?
2. If all formalities are mandatory, please provide me details of the same as per the bye- laws in force.
3. If any of the legal heirs does not agree to complete the formalities as per the requirements of the developer, what will be the course of action to be taken by me? Kindly provide me information in detail.
R.K Nanda
(Expert) 18 July 2013
consult local lawyer.
Dr. Jyothi Vishwanath
(Expert) 18 July 2013
Nominee is different from heir. Mother has nominated you but not made a will in your favor. The developer is right as he has to protect his interest. So he is asking you to complete the formalities. It will be usually be no objection from the other heirs. It can also be consent signature from them on the main document of conveyance.
If any of the legal heir does not cooperate, it will be tough for you to prove your right.
