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Rajpal Sharma (Law Officer)     15 September 2017

Transfer of title of under construction flat

Hello I booked a flat as a co-owner with my father in 2011 and same is under construction. Last year, we lost our father leaving 4 legal heirs. Three legal heairs have given NOC in my favour to transfer the flat/change the name in Builder Buyer agreement. But the builder is asking for Relinguish Deed executed in my favour. Please note that except Builder Buyer Agreement, Receipt and Allotment letter, no other document has been executed as on today. Regards


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 2 Replies

SHREY DAMBHARE   15 September 2017

I think he must be asking NOC in the form of relinquish deed. You should ask him again exactly what he wants. Because, after death of your father, you cannot get relinquish deed from your father. As well as, Relinquishment deed is a legal document/instrument where a person legally or formally gives up or releases his legal rights of the said property being relinquished in the name of some other person in your case that other person is you. So, your builder may be asking NOC in the form of relinquish deed format i.e. registered and such registered document will be more helpful for you to prevent future litigation. So, confirm what exactly he wants. 

Siddharth Srivastava (Advocate)     15 September 2017

So get relunguent deed executed so as to avoid further delay. The demand of builder is not tenable and unjustified.

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