Can amalgamated property be de-amalgamated as per wish of the owners?
K.K.Ganguly
(Querist) 20 August 2012
This query is : Resolved
Would the Ld. Experts kindly opine on the following.
1) Mr. X has a piece of land measuring 8 cottahs. Mrs. X had another piece of adjoining land measuring 4 cottahs. They had 2 major sons & 1 married daughter.
2) Both Mr. & Mrs.X amalgamated their respective pieces of land & registered the same on 1.1.2006 and entered in to a Development Agreement with M/s AB Ltd. on 1.1.2007 giving POA to Mr.A & Mr.B , partners of M/s AB Ltd.
3) Mrs. X died on 1.1.2008 when the construction as per the development agreement was almost over.
4) After the death of Mrs.X, Mr.X gave an affidavit that the building was constructed on his piece of land & no construction has been made on his wife’s plot & Completion Certificate was obtained from local Municipality.
5) The 2 nos sons & 1 daughter also gave an affidavit that they agree with the Development agreement & will sign the sale deed for selling the flats coming under owner’s allocation.
6) Mr. X is now selling/offering to sell the flats he got as per owner’s allocation.
My query is:
a) Is this process of selling the flat alright? Was it not necessary to obtain succession certificate for his wife’s share of the amalgamated piece of land of total 12 Cottahs & the Development Agreement was to be redone/revalidated wherein his sons & daughter also should have been parties?
b) What are the defects in the whole process of selling the flats after the death of Mrs.X?
c) What should the prospective purchasers demand from the seller Mr.X to cure the defects in documents before buying the flats.
Thanks in advance.
adv. rajeev ( rajoo )
(Expert) 20 August 2012
Mrs. X is dead, so naturally including her husband, her two sons and daughter's are entittled for equal share in the share of the deceased. Mere filing of an affidavit by the two sons and daughter is not sufficient to given up their rights, it requires regd., rights relinquish deed.
