harish (ee) 05 August 2014

Help with transfer of share in apartment

Hi,

My grandfather and grandmother died in 2001 and 2009 respectively and they left behing a flat in a cooperative housing society in delhi.

They had two children a daughter (died in 1970) and my father (died in 2010).

Only ones now alive are me , my cousin (paternal aunts son) who suffers from schizophrenia. My cousin occasionally has fits and droped out of school in 6th standard when he lost interest in studies.He lives wih me and my mother who takes care of him.

I am due to get married soon and i have decided to sell the flat and purchase one near my uncles house which is bigger.

The flat is still in the name of my grandmother who was a joint owner along with my grandfather.My father never attempted to get it transferred.

My friend has advised me to get a succession certificate but since my cousin also has a share in this flat i wanted to know the best and cheapest way to get his share transferred to me or my mother which cannot be challenged in the future. I'm thinking of a relinquishment/release deed.

My lawyer asked if there was a will from my grandparents with someone and i have no idea.

Will the release deed/relinquishment deed given by my cousin regarding his share still be valid if it turns out that there is a will regarding the flat and my cousin has a share in it as per the will ?

I wish for advice before spending money from my savings on the flats transfer.

Also is succession certificate and partition deed the same thing?

Thanks

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5 Replies

Dr J C Vashista (Advocate) 05 August 2014

Yes, the relinquishment deed of your cousin in your favour will be the cheapest and a good option for transfer of his share. However, other shareholders (LRs) of your grandfather/grandmother shall have an equal share.

Contact, consult and engage a prudent lawyer of your choice in Delhi who can sail through your interest, share and best possible in your interest.

harish (ee) 05 August 2014

thank you for kind reply sir.

Will this remain valid in case any will lying with somebody in the family or in the society crops up ?

I'm worried as i don't want to end up back in square one after all effort.

Also is succession certificate and partition deed same ?

T. Kalaiselvan, Advocate (Advocate) 05 August 2014

Who is that somebody besides your father and paternal aunty to your grandparents? In case the grandparents died intestate, the property will be inherited jointly by all their legal heirs, if you confirm that your father and paternal aunty are the only legal heirs and since both of them are no more now, the property can be shared equally by the heirs of the deceased son and daughter of your grandparents by each side acquiring 50% share in the property left behind by them. What about any other child(ren) to your paternal aunt, what about her husband?. Not only the legal heirs but also your mother has to execute a registered release deed in your favor, only after which you can acquire absolute title to dispose the property in the manner you desire to. there is nothing to panic, collect the details, consult a local lawyer and proceed after taking his further advise accordingly.

harish (ee) 05 August 2014

1) I was asked regarding will by my lawyer. I'm worried it might nullify the transfer process after all the effort?

2) There are no more children to my aunt and his father abandoned my cousin and got remarried when my cousin was 2 yrs old.This was a decade before my dads marriage and i have absolutely no idea about the husband.

Will release deed from my mother and cousin remain valid if some will of my grandfather crops up?

Biswanath Roy (Advocate) 10 August 2014

It appears from your statement that the subject immovable property is presumably a litigated one and not marketable . Y our mother and cousin by a Deed of Relinquishment can transfer their respective shares in the property in your favor forever. After that you shall have to make paper publications in two local news papers by the pen of your Advocate claiming that you are intending to sale the property as absolute owner thereof. If any body has any title interest or any claim in the property he or she must contact your lawyer within 15 days from the date of such publication with all proofs of his/her title interest or claim over the property. Otherwise, no claim thereafter shall be entertained and the property shall be treated as marketable.

Succession Certificate means a certificate declaring a person or persons as successor in interest over the movable properties like Bank Account Fixed Deposits etc., WHEREAS a Deed of Partition means the Deed of division of real property held jointly or in common by two or more persons into individually owned interests..