sale deed agreement
sandip c
(Querist) 29 November 2010
This query is : Resolved
Dear sir,
I would like to ask query regarding our flats.My father was owner of 3-flats which were alloted by builder in exchange of land he owns.He died intestate and no agreements for sale prepared.We are 3-legal heirs
which prepared affidavit giving full consent to mother and made agreemnts.Itis duly stamped and registered.After making agreements in the name of my mother we requested society to trasfer share certificate in her name.We also applied for heirship certicate in the court and also obtained it.Now society is denying share certi trasnfer in the name of my mother which we selected as a legal heir.The reason is agreements are prepared before obtaining heirship.In fact we gave full consent to our mother by signing affidavit and annexing it to agreements.So what can be done to that agreements which are stamped and registered.please help.
n.k.sarin
(Expert) 29 November 2010
It does not matter that agreements are prepared before obtaining heir-ship.In fact it is sufficient to transfer share certificate that all the legal heirs are agreed for the same.you must serve the legal notice to the society asking for the transfer of share in the name of your mother within stipulated time,If society does not comply with the notice, you must proceed to the court and get mandatory injunction against the society.
