Registration of property in case of death of co-owner
R.D. Pawar
(Querist) 22 August 2013
This query is : Resolved
Dear Experts,
I have purchased an under-construction flat in Greater Noida, registry of which will be done on completion of Flat in Nov. 2014. In love & affection I made my mother a co-owner in the same. Though she has not paid any sum for the same, even EMI are paid through my bank accounts. A month back my mother has expired. Now I want to know how can I get the same under my name completely. What documents are required on my part to get the property completely in my name. Please help what should I do?
Regards,
RD Pawar
ajay sethi
(Expert) 22 August 2013
your mother is co owner of flat . on her death her share would devolve on her legal heirs . you need relinquishment deed signed by other legal heirs to transfer property in your name
R.D. Pawar
(Querist) 22 August 2013
Sir, Can you explain the procedure for the same. Also please cite / quote relevant section or case law of relevant law.
Advocate M.Bhadra
(Expert) 22 August 2013
If the previous instrument was an Agreement for Sale and is not a final registered Deed of Conveyance.Therefore you can enter your sole same in the final Deed of conveyance when it would be registered,without registered Deed of Conveyance your mother's legal heirs( if any )can not claim.
THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988
SEC.4 Prohibition of the right to recover property held benami- (1) No suit, claim or action to
enforce any right in respect of any property held benami against the person in whose name the
property is held or against any other person shall lie by or on behalf of a person claiming to be the
real owner of such property.
(2) No defence based on any right in respect of any property held benami, whether against the
person in whose name the property is held or against any other person, shall be allowed in any
suit, claim or action by or on behalf of a person claiming to be the real owner of such property.
(3) Nothing in this section shall apply,--
(a) where the person in whose name the property is held is a coparcener in a Hindu undivided
family and the property is held for the benefit of the coparceners in the family; or (b) where the person in whose name the property is held is a trustee or other person standing in a
fiduciary capacity, and the property is held for the benefit of another person for whom he is a
trustee or towards whom he stands in such capacity.
R.D. Pawar
(Querist) 23 August 2013
Dear Experts,
At present there is only agreement to sale with the builder but when the flat gets ready then I will have to register the same. My query is to please provide me the detailed procedure to get the same register in my name , quoting of relevant provisions of law will be helpful to me.
Thanks & Regards,
RD Pawar
Raj Kumar Makkad
(Expert) 29 August 2013
If there is only an agreement to sale then there is no problem to get the property directly registered in your name if you are the sole legal heir of deceased buyer.
