Hi,
I need experts to help me to take a decision. Let me explain the situation.
HUDCO has alloted a flat type house to a lady X. X went into financial crisis so she wanted to sell the house and we agreed to buy.
But the document was not yet released during that time. so we executed the following
1) Unregistered agreement
2) registered Power of Attorney
3) Registered WILL
4) NOC for name transfer from X's son and daughter.
Now the problem starts, in 2007 X died and the family members didnt obtain the death certificate.
As per WILL, it states after X's life HUCDO has to provide the document in her son's name and Son has to re-register it to my name and he has no rights to claim that property.
I approached the HUCDO, they are asking Death certificate and Legal Heir certificate.
Her son is not so cooperative in getting the documents, but said he can sign anywhere.
Is there any alternate way instead of getting death and heir certificate?
Like I can file a suit in court and court can give order to HUDCO to registered the document in her son's name or my name directly? so that HUDCO wont ask the certificates?
Her Son will cooperate for suit also.
Thanks a ton!
