Query on registration of an unregistered property of a deceased person
Pushpa
(Querist) 18 December 2015
This query is : Resolved
Hello all,
My brother had purchased a site from a society in Tamilnadu. He died before he could register it in his name. He was unmarried when he died. He has left behind 2 siblings and a mother.
I know as per law mother is the class I legal heir for the property.
Now mother feels it has to be registered in one of the siblings name so that she need not run around for all the formalities. The society also doesn't have any problem is registering it in name of any of the siblings name. At the same time I want to know if it is permissible as per law.
My mother is willing to give NOC that she is not keen on registering it in her name and authorize any one of the siblings to go ahead with the registration of the property. The other sibling is also willing to give NOC to register in the other sibling's name. There is no dispute on that aspect. So I would like to know if we can go ahead and register in one of the siblings name though we are Class II legal heirs.
Is there anything other than the NOC which we need to furnish for the registration of the property. Kindly let me know about the same.
Thanks in advance for your time and help.
Regards,
Pushpa
P. Venu 
(Expert) 19 December 2015
Are you in possession/occupation of the property?
Rajendra K Goyal
(Expert) 19 December 2015
The property need to be transferred in the name of legal heirs. Legal heirs should dispose it accordingly.
Adv. Yogen Kakade
(Expert) 19 December 2015
As the property is not transferred in anybody's name.. as being successor can sign the agreement.. but the consent of the other successors are necessary.. or the mother should execute a relinquishment deed.
Pushpa
(Querist) 19 December 2015
Thanks for all the responses. Yes, we are in possession of the property. Society is insisting on registering the property, so we are planning to register the same. We are two siblings who are left. Yes, there is no dispute, one of the sibling is ready to sign the NOC, so that it can be transferred in other siblings name. Mother is ready to give the relinquishment deed also if necessary. The relinquishment deed has to be registered in sub-registrar's office is it. Kindly confirm the same. Thanks for all the responses.
Dr J C Vashista
(Expert) 20 December 2015
What do you mean by "registering the property" for a flat in a Group Housing Society? Whether the property is leasehold or freehold? Whether sucession of deceased member is obtained? Which state is the flat/society is located (as the society is governed by the State Cooperative Societies Act, which slightly differ)?.
K.S.Srinivas
(Expert) 24 December 2015
The relinquishment deed can be registered in sub-registrar office at the jurisdiction where the property is situated.
