Reg: property registration
Swaraj Kumar Das
(Querist) 21 February 2014
This query is : Resolved
My father had a property in Bhubaneswar, Odisha state and he is not alive.We are three brothers and our mother is alive. We gave power of attorney and signed a development deed with a builder to build 12 numbers of flats with 50:50 share. We got six flats. The flats have been made after approval from BDA, Bhubaneswar.
My first question is, do we the legal inheritors need to register the property in our name? If so, how we would do it?
Secondly, the builder has sold out his share of flats. Can he register the property on his behalf as a power of attorney holder? Does he need our help to register the property for his buyer of flats?
The builder has not done many things as per our agreement deeds. How can we legally punish the builder? Kindly elaborate. Esskay.
Guest
(Expert) 21 February 2014
For the Builder Not Complying the Agreement you could file a Suit. It Would be better for the future to all the Heirs to have an individual Registered Document for Every Flat.In the Documents Every thing to be narrated in detail with Builders Handing Over Documents.Consult A Local Lawyer with all details for Drafting and Getting Registered the Same
ajay sethi
(Expert) 21 February 2014
on demise of your father was mutation of property done in name of legal heirs ?
was development agreement duly stamped and regd ?
contact a local lawyer . the builder should enter into individual agreement with each flat owner .
builder can enter into agreement with flats sold by him . under development agreement as well as POA you have authorized him to construct the flats and sell them .
for breach of contract by builder file suit
Rajendra K Goyal
(Expert) 21 February 2014
The property can be transferred in the name of legal heirs by mutation after demise of owner. After wards can distribute the flats through family settlement.
If builder not acted as per agreement, send notice to him and later file suit.
adv. rajeev ( rajoo )
(Expert) 21 February 2014
Without entering your name to the properties after the death of your father you cannot do anything. First file an application to get enter your name to the properties by producing the surviviours certificate and legal heir certificate( which will be issued by the Civil Court)
Sudhir Kumar, Advocate
(Expert) 22 February 2014
it is better to show agreement and other papers to nearest lawyer and then seek advise.
Swaraj Kumar Das
(Querist) 24 February 2014
After the demise of our father, we got the legal heir certificate in our name along with that of our mother. The agreement deed & power of attorney deeds were made in our local sub-register office. Bbhubaneswar Development authority gave the approval of plan in our name after scrutinizing all the necessary documents. Now, do we again need to mutate this property? Please clarify. Thanks. Esskay
Swaraj Kumar Das
(Querist) 24 February 2014
After the demise of our father, we got the legal heir certificate in our name along with that of our mother. The agreement deed & power of attorney deeds were made in our local sub-register office. Bbhubaneswar Development authority gave the approval of plan in our name after scrutinizing all the necessary documents. Now, do we again need to mutate this property? Please clarify. Thanks. Esskay
R.V.RAO
(Expert) 25 February 2014
you did obtain a legal heir cert.
Mutation of property not specifically done being not insisted by local sub registrar and BDA/local advocates who helped in poa,dev.agreement etc...
AS LONG AS THERE ARE NO OTHER LEGAL HEIRS WHO could object to your actions, now/in future,there is no issue.
one more angle is tax angle .
your dev. agreements with builder and poa allow the builder to build flats and claim his share.
but each of your brothers /mother (and also buyers of builder flats) need the individual flat regn. for claiming present ownership on govt./ official records and future sale/transfer If any.
This will eventually lead to ascertainment and taxing the capital gains arising out of the whole deal.
