Floor registry
Sandeep Kumar
(Querist) 12 April 2018
This query is : Resolved
Good Morning Sir/Mam,
Hum teen bhai ek ghar main rehte hain ye ghar mere father ka hai. Mere Fahrer 2016 main expire ho gaye aur 2017 main my mom. hum teeno bhai alag alag floor par rehte hain Ghaziabad main.
Mera question ye hai ki apne floor ki registry main apne naam par kaise aur kahan se Karoon. Aur uske liye kya kya documents chahiye honge.
Isme kitne Rupay lag sakte hain.
Pls advice?
Guest
(Expert) 12 April 2018
Jab takk aap sab me kanooni taur par bantwara nahin hota, aap akaile apne naam par registry nahin karwa sakte.
Kisi achche vakil se aap sab waris miliye.aur settlement deed banwa kar register karwaiye.
rajeev sharma
(Expert) 12 April 2018
legally speaking you all three are ( also your sister if there is any) are joint owners of each piece and parcel of the house. So you cannot get any sale deed registered in your name. It is better to get a family settlement done and get that registered.
R.Ramachandran
(Expert) 12 April 2018
I completely agree with the views of Mr. Rajeev Sharma. This process/procedure will involve very very minimum cost by way of Stamp duty and Registration Fees.
Sandeep Kumar
(Querist) 12 April 2018
Thank you so much its a great help sir.
Kumar Doab
(Expert) 12 April 2018
Death certificate, Legal heir certificate r affidavit per LOCAL procedures/precedence’s/codes/rules/laws….are basic requisites…
If the authority under whose jurisdiction property falls has a provision for separate registry floor wise then IT may allow and you can go ahead.
Or Registered family settlement deed can very well serve your purpose. The common areas, amenities, passage can be narrated in it. Who is keeping original documents pertaining to property may also be narrated in IT and original shall be produced as and when required and others may keep certified copies/authenticated copies by RTI route …
It is simple process and any one facing similar situation can follow IT..
Kumar Doab
(Expert) 12 April 2018
Which personal law applies in this case or are you all Hindu?
The said property is self acquired in the hands of your father or ancestral?
Did your father leave any valid WILL?
Was your father’s mother alive as on date of death of your father?
Do you have any sisters?
If yes they have (equal) share per provisions of personal law that applies in your case.
They or any other legal heir can dispose their share in anyone’s favor by a valid/registered deed say; Gift/sale/release/transfer/relinquishment/family settlement etc
Kumar Doab
(Expert) 12 April 2018
The authority under whose jurisdiction property falls say;MC, has a set procedure for such matters if NO WILL has surfaced; ‘Intestate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction.
Thereafter obtain copy of updated mutation records.
By updating in mutation records the legal heirs attain rights equal to that of owner by succession/testamentary succession…
Any valid/registered deed that is signed between 3 brother may also be submitted for updating in mutation records..
Kumar Doab
(Expert) 13 April 2018
Thanks for agreeing Ms. Usha Kapoor..
