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Dhiraj (Accounts Executive)     14 January 2014

Inheritance of an immovable property

My Dad bought a property in 1996 in Thane, Maharashtra. He got it registered and paid the stamp duty.

He died without writing a will in 2000. However, in the records of the society he had made nomination in the name of my mother, my elder brother and myself. each having 1/3rd nomination.

My father has only two kids my elder brother and me. We are Hindu by religion.

In 2001 my mother also died without writing any will.

In 2012, I got an NOC (duly notarized) from my elder brother relinquishing all his rights in the property. We has signed indemnity bond indemnifying the members of the committee of the society. Me and my brother have also signed an affidavit before the housing society. I have placed an advertisement on behalf of the society as well.

The society has transferred the share certificate in my name now.

I have the following documents

1. Original death certificate of my dad
2. Original death certificate of my mother
3. Original agreement dated 1996 when my father bought this property from XYZ.
4. Original share certificate, off lately in my name.
5. Copy of Duly notarized NOC cum deed of declaration signed by my elder brother relinquish all his rights in the property
6. Copy of duly notarized affidavit signed by my brother and me
7. Duly notarized indemnity bond provided to the signed by the nominees
8. a newspaper advertisement published by me on behalf of the society.

It has been more than 20 months since the society has transferred the share certificate in my name.

Does this make me the owner of the property now? Can I sell this property

If no, what should I do now to become 100% and absolute owner of this property?



Learning

 13 Replies

adv.raghavan (Advocate,9444674980)     14 January 2014

It is better to get relinquish deed registered, from your brother, rather having unregistered one. 

Dhiraj (Accounts Executive)     14 January 2014

Advocate Raghavan

 

Thanks for the reply!

 

Do I need an inheritance certificate from the court?

 

How can I change the name at the deputy registrar of assurances?

 

Is the present situation very difficult for me to sell the flat?

 

Rgds

 

Dhiraj

adv.raghavan (Advocate,9444674980)     14 January 2014

Yes, you should have a legal heir certificate in this regard, 2, with regard  to II question u can chk with local counsel 3, You brothers  heirs can contest the unregistered one in future, so it is better to for registered relinquishment deed now itself, in the present situation you lack this document.

Dhiraj (Accounts Executive)     14 January 2014

DEar Advocate Raghavan

 

I paid a sum of 6 lakhs to my brother as consideration. I made a release deed towards the same against this flat. I have clearly mentioned the demand draft no. the date and bank name on the release deed. 

All the money was paid through white. I have got it notarized but didn't register it.

I have the copy of the demand draft on which he has signed by my brother as acknowledgement.

would that be a sufficient proof

adv.raghavan (Advocate,9444674980)     14 January 2014

i reiterate once again it has to be registered one.

K.K.Ganguly (Advocate)     14 January 2014

1. The share certificate has already been transferred in your name by the society,

 

2. So, you are the rightful owner of the property & can sell the same,

 

3. However, as suggested by Adv Raghavan, it will be prudent on your part to get a Relinquishment Deed  executed by your brother registered to ensure that there can be no challenge to your sole right to the property in future.

K.K.Ganguly (Advocate)     14 January 2014

1. The share certificate has already been transferred in your name by the society,

 

2. So, you are the rightful owner of the property & can sell the same,

 

3. However, as suggested by Adv Raghavan, it will be prudent on your part to get a Relinquishment Deed  executed by your brother registered to ensure that there can be no challenge to your sole right to the property in future.

Dhiraj (Accounts Executive)     14 January 2014

Dear KK Ganguly

 

In the present form will I be able to sell the property. will the registrar transfer registry in the name of hte new buyer?

 

In case I don't ahve a registered release deed. 

T. Kalaiselvan, Advocate (Advocate)     14 January 2014

If the Release deed is not registered the property cannot be legally registered on your name and you cannot sell the property subsequently, so dont waste your time by repeating the same question instead get the release deed of your brother in your favor registered at once, or you do whatever you want.

Laxmi Kant Joshi (Advocate )     14 January 2014

First of all you have to get legal heir certificate in favour of you and your brother , after that you go for mutation that time you submit the release deed given by your brother of his share in favour of you , get his share transfered to you , registered it in your name ,now you are the sole owner of the property and got all rights to sell it or use it as you wish .

Dhiraj (Accounts Executive)     14 January 2014

okie Advocate T Kalaiselvan

 

Thank you for your guidance. I will initiate talks with my brother regarding this tomorrow itself.

 

Pls answer my last two doubts

 

1. At present the registry is in the name of my father at the registrars office. IF I get he release deed registered will the registrar change the registry in my name. Is the change of registry required

 

2. One buyer had come yesterday. He is asking me one question. "what is the proof that you and elder brother are the only children of your dad. How do I know if there is any sister or not?" 

 

He is infact asking me for an inhertance certificate? I have heard that it takes 18 months to get an inhertance certificate from the magistrate court. Is this certificate required?

 

Can a registered release deed solve all my problems?

 

Regards

Dhiraj

K.K.Ganguly (Advocate)     15 January 2014

1. At present the property is in the name of your father as shown in the Registry office. This is so because after your father's demise there has been no transfer of the title of the said property which has been registered,

 

2.  If  the Relinquishment Deed executed by your brother is registered, then his share will come to you which will be recorded by the Registrar,

 

3. After that you can execute a Sale Deed in favour of your buyer & register the same in which case the title of the property will be registered in the name of the said buyer.

Dhiraj (Accounts Executive)     15 January 2014

Dear Trusted Advisors/Advocates,

 

I have prepared a Relinquishment Deed, which I will get  registered. I have attached the same for your perusal.

 

1. I seek your opinion of the draft deed. please feel free to make changes in the document itself

 

2.  on what stamp paper should I get this deed printed

 

3. Does it require photographs?

 

4. Do I need witnesses?

 

5. Do the Witnesses have to join to the registration office?

 

Thanks

 


Attached File : 712672345 release deed.doc downloaded: 55 times

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