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Gane (a)     05 December 2013

Transfer of ownership

Respected Sir / Madam

My mother owned a property (Flat) in a registered society in Dombivli (E) - Thane Dist. She had given the same on lease for 11 months which got expired in the month of Sept 2013. Post which, though she was wanting to extend the lease, her health wasn't permitting (she was a kidney failure patient due to which she was frequently hospitalized. Hence, she was unable to get the fresh lease agreement signed). Maintenance charges of the society is still paid by us.

Unfortunately, she passed away on 2nd Dec 2013, without signing the fresh lease agreement with the party. I have asked the party currently staying in the flat to vacate the same by the end of Jan' 2014, giving them enough time to search for an alternative residence. I now have following queries:

a. What legal recourse do I have, if the party refuses to vacate the house, on the pretext that we do not have lease agreement signed.

b. What documents are necessary and also kindly explain the procedure to transfer the property in my name (I also have an younger brother).

Regards

Ganesh



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     07 December 2013

You may ask them to vacate the house, if they do not vacate , send a legal notice asking them to vacate the house and then also if they do not vacate the house, file an eviction suit against them before the appropriate court.  About registering the property on your name, your brother and sisters if any have to relinquish their title by executing a release deed in you favor and then you can register the same on your name.


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