Flat owner status
Mrunmai Deshpande
(Querist) 05 April 2017
This query is : Resolved
I am a woman of 80 years of age. My husband passed away in 1980. I have 2 sons and no daughter. My husband owned a flat in a registered society. My husband did not make a Will. After his death, the flat was transferred in my name for which no back up documents are available with the society or with me. Even my sons' written consent for transferring the flat on my name is not available with me or with the society.Every month the society sends the bill for taxes and sinking fund on my name and I have been paying these bills regularly.The original agreement for the purchase of this flat by my husband from the builder is lost by me and the society has no copy of the said agreement.The building has still not got the Occupation Certificate from the Municipality and there is no conveyance deed.The society has given me a letter stating that I am a bonafide member of this society owning the said flat and it has no objection if I sell this flat to any person.I have a following query.
If I want to sale this flat how do I go about? Please advise !
DR.VEDULA GOPINATH
(Expert) 06 April 2017
Madam
You can approach local civil court and apply for succession certificate (since yur husband died intestate).Please consult local advocate.
cs dr vedula gopinath advocate/arbitraotr.
Adv. Yogen Kakade
(Expert) 06 April 2017
The lost documents can be made available by applying for a certified copy. It shall be as authenticated as the original one.
If you are willing to sell the flat, then you can merely execute a deed of assignment with the buyer.
Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-65248888 / 09225510883
Rajendra K Goyal
(Expert) 06 April 2017
In absence of OC, conveyance deed may not have been registered.
All the legal heirs can jointly sell the property.
Kumar Doab
(Expert) 06 April 2017
It is believed that you are all Hindu.
Confirm.
Kumar Doab
(Expert) 06 April 2017
ClassI legal heirs have equal share and can dispose their share.
All may sign the valid deed in your case.
If the sons signed NOC earlier they can sign now also.
Or they can sign as say: consenting witness
Dr J C Vashista
(Expert) 09 April 2017
Since you are titleholder of the flat you can dispose it of as you wish, however, you are liable to indemnify the purchaser for any irregularity during the period your husband was allotted and you are the owner, since occupation certificate has not yet been issued by Municipality.
Obtain "No Dues/No objection" certificate from the Society and give it to purchaser, retaining a copy for your record.
Guest
(Expert) 09 April 2017
Rightly advised by Dr. JC Vashista.
Guest
(Expert) 09 April 2017
As usual, very vague, wrong, senseless and confusing advice from Mr. Doab, like, "ClassI legal heirs have equal share and can dispose their share." ...... "All may sign the valid deed in your case." ...... "If the sons signed NOC earlier they can sign now also." ...... "Or they can sign as say: consenting witness"!
Nothing such need be done, as advised by Mr. Doab, in view of your clear title, more so, when you stated, "The society has given me a letter stating that I am a bonafide member of this society owning the said flat and it has no objection if I sell this flat to any person."
Adhering to his advice would not only tend to create complications in your case, but also you would yourself become the cause to invite several problems for yourself own in this old age of 80.
Dr J C Vashista
(Expert) 10 April 2017
Sh. PS Dhingra,
Thank you very much for agreeing with me.
Warm Regards
Guest
(Expert) 10 April 2017
Dr. Vashista ji,
You are welcome.
DR.VEDULA GOPINATH
(Expert) 08 July 2018
i agree with with my learned colleague Vashista
dr vedula topinath
