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(Guest)

Plot title transfer

May I request some advice on the situation of my father’s plot in Nerul, Navi Mumbai. My father is diseased. He had purchased the plot back in 1990 from a seller who is now deceased as well. My father did not do the title change in CIDCO so even until today, the name of the seller appears in CIDCO records. What is the procedure to get the plot transferred in the name of my father’s legal heirs? 

More context:

The sale agreement between my father (deceased) and the original seller (deceased) was not “registered” – meaning it was just executed on some stamp papers (notarised) back in 1990 and it wasn’t recorded in CIDCO. So even as of now, the name of the seller is on file as the plot owner. Some lawyers are saying that the plot will have to be first transferred in the legal heirs’ name of the original seller (deceased) in CIDCO and then they will transfer it to my father’s legal heirs. Is this a safe approach? 

Can’t CIDCO take NOC from the legal heirs of the original seller(deceased) and then transfer the plot in the name of my father’s legal heirs?

Would appreciate any info in this regard. 



Learning

 1 Replies

M V Gupta (Advocate)     19 October 2022

Transfer of title in the case of immovable properties happens only when the sale deed is properly stamped and registered in the books of the Sub Registrar having jurisdiction over the property. You have stated that although the sale agreement was executed by the original owner on stamp paper it was not registered and not got recorded in the books of the CIDCO. Hence your father has not become the owner of the property AND his heirs also did not acquire any legal rights over the property. you have not stated whether possession of the property was given to your father. If possession was given and your father and subsequently you have been paying the property taxes, then you may obtain a sale deed from the heirs of the deceased owner with the consideration already paid by your father and get the sale deed registered. If as per the rules of CIDCO it's prior permission for transfer is necessary, you should obtain it. Discuss with the CIDCO Authorities. 


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