What documents to be asked
Querist :
Anonymous
(Querist) 23 February 2019
This query is : Resolved
We are a CHS society.Our developer xyz has sold one flat free of cost thru it's partner A ( promoter/ developer) to B (Allottee/Land owner) free of cost with C as " confirming party ". The transfer deed is done and registered but society was not told about it as maintenance bill is still raised in the name of developer xyz. A&B are brothers and C is the father and said property is the ancestral property of C ---" Confirming party ". B has passed away and is no more.Further wife of B has requested the flat to be transferred in her and two childrens name. Now our query is as follows: (1) is B the sole owner or now C or his remaining sons can claim the property also (2) whose name share certificate has to be prepared(3)what documents we have to ask from wife and children (4) what care should society take for indemnifying itself and it's members from future issues / litigation (5)what is the meaning of
" confirming party " in legal terms.
Dr J C Vashista
(Expert) 23 February 2019
No "sale deed" can be executed and registered without "consideration" i.e., FREE OF COST as stated by you.
Querist :
Anonymous
(Querist) 23 February 2019
Please guide us and requesting to reply or answer question wise...1..2..3..4..5..
H.M.Patnaik
(Expert) 23 February 2019
Anonymous query is not attended in this forum.The Society may seek legal advice from experienced civil lawyer of the locality.
H.M.Patnaik
(Expert) 23 February 2019
Anonymous query is not attended in this forum.The Society may seek legal advice from experienced civil lawyer of the locality.
Querist :
Anonymous
(Querist) 23 February 2019
There was a option of Anonymity hence selected anyway I have reposted the same by giving my name plz answer question wise or at least give your views on all questions. Thanks and Regards
Raj Kumar Makkad
(Expert) 26 January 2020
1. As B has died so his legal heirs means his wife, children and mother, if alive, are only legal heirs and C or his other children have nothing to do with the said flat as B had purchased it by way of registered sale-deed, whatever consideration it might have.
2. As above or if they mutually agree by way of succession certificate of deceased then in the name of that person.
3. Share certificate, Sale-deed, revenue record showing the inclusion of that sale-deed, death certificate of B, Succession Certificate duly issued by competent authority, affidavits of the legal heirs, their id proofs etc.
4. Apart from above-mentioned documents, strictly follow the rules of the society meant for such purpose.
5. A party which confirms the contents of the documents.
