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pramod (Service)     03 September 2009

Is This Title Clear

 Dear Sir,

Here is the scenerio..

A Mother transfers a flat in a CHS in mumbai to her daughter's name.This daughter is a nominee for the flat. There is no agreement made for this transfer. The society transfers the flat to the Daughters name and this transfer is documented on the Society's share certificate. The mother dies the next year. She does not have any will. Now 10 years later the daughter wants to sell the property to a prospective buyer. When the buyer approaches a llegal person with the papers he is told that the paperwork is not complete as it does not have a registered agreement between the Mother and Daughter for the transfer nor has the daughter paid stamp duty, also  It is also not possible to avail a loan due to this in complete documentation. He is told that if he purchases it outright without a loan he may have difficulty selling it later.. Is this correct? Is there any cure for this defect. Should the buyer go in for this flat , if yes how so as to have a clear title?

Pramod



Learning

 5 Replies

R.R. KRISHNAA (Legal Manager)     03 September 2009

If the daughter is the only child of the mother then the daughter can obtain a legal heir certificate. Now being the sole surviving legal heir she can sell the property to anyone.  There is no impediment.  In such case there need not be any agreement or deed to have been subsisting between the deceased mother and the daughter. 

1 Like

pramod (Service)     03 September 2009

 The daughter is not the only sibling she has 3 other sisters whos are willing to give a NOC for her to claim the flat.

R.R. KRISHNAA (Legal Manager)     03 September 2009

Fine.  She can sell the property.   

Y V Vishweshwar Rao (Advocate )     03 September 2009

it appears to be a Share  Transfer in the Co- Operative Hosuign Societty Limited  - with right to exclussive ownership and possession on the Flat attached to the Sahre ! Share can be sold  and purchased !   The other legal heirs have no claim on the Flat and Share of sadi daughter !

pramod (Service)     03 September 2009

If she can sell it why is the Banks not giving a loan for the said property? And if a the buyer purchases the property without a loan will he be able to sell it in the future to a buyer who wants to avail a loan?


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