Sale of flat
Nitin Deshpande
(Querist) 07 October 2014
This query is : Resolved
In Mumbai, I have purchased flat on the name of my father and myself in 1994. Share Certificate is issued on my name. My father is expired. Later on in our family agreement it is agreed by family members that the said flat is belongs to me only and nobody else has any claim over it. Now I have desired to sell the said flat. As original agreement to sale was on joint name, (where father’s name was written first) will there be any legal complications? And can my family members create legal problem?
ajay sethi
(Expert) 07 October 2014
on your father death your father 50%share would be inherited by his legal heirs . you have not mentioned whether you have any siblings . other legal heirs have to execute relinquishment deed then only flat can b e transferred in your name . you can then sell the flat
ajay sethi
(Expert) 07 October 2014
is family arrangement duly stamped and registered? contact a local lawyer
Rajendra K Goyal
(Expert) 07 October 2014
If the family arrangement is not duly stamped and registered, all the legal heirs of your father with you should sign the sale deed.
malipeddi jaggarao
(Expert) 10 October 2014
Since the agreement for sale was executed when your father was alive, it is better to execute the sale deed by all legal heirs. Claiming the sale proceeds or not is your family's internal matter for which you can have separate family arrangement.
T. Kalaiselvan, Advocate
(Expert) 13 October 2014
Since the property was jointly owned by you and your father, your share will remain secured but in your father's share, besides you, his other legal heirs have right for a share in it, hence it is better that all other legal heirs execute a registered release deed by relinquishing their rights or all of you join together to sell the property as proposed. Take the help of a local lawyer to sort out the issues.
