Release of rights in case of underconstruction property

Varun Juneja (Querist) 01 November 2020 This query is : Resolved
Background :
2 co-applicants Son and Mother in Builder buyer agreement. Second co-applicant ie mother expires without will. The surviving heirs (as per surviving member certificate issued) are okay to transfer the rights to the first co-applicant ie the Son who is the first coapplicant.

Question:
1) Since this is not an existing property - a registered relinquishment deed cant be done. ( The sub registrar insists it has to be a registered property to do a relinquishment). Does a simple agreement between the legal heirs and the first co-applicant suffice or needs anything else to bind this.

2) Please answer for property in Gurgaon, though the property developer and all applicants and legal heirs reside in Delhi.

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Quick Summary

This discussion addresses the transfer of rights for an under-construction property when one of two co-applicants dies without a will. The surviving heirs are agreeable to transferring their shares to the first co-applicant. However, a registered relinquishment deed is problematic as the property is not yet complete. The consensus leans towards approaching the builder with affidavits from all legal heirs, potentially executing a fresh agreement, and obtaining a legal heirship certificate from the court, as the property is located in Gurgaon.

SHIRISH PAWAR, 7738990900 (Expert) 01 November 2020
Hello,

You have to get legal heirship certificate from court. Thereafter you can transfer the flat in the name of first co owner. You have to complete all legal procedure in Gugaon as property situated in Gurgaon.

Rajendra K Goyal (Expert) 01 November 2020
If conveyance deed in respect to the property has not been executed, the agreement is between the purchaser and the builder. Builder may be approached with the request and affidavits from all legal heirs of the deceased to do the needful.

Message likes : 1 times

kavksatyanarayana (Expert) 01 November 2020
In the property, your mother was a co-owner and for her share, all the legal heirs of your mother (including your father) have an equal share in the property. So the other legal heirs shall execute a relinquishment deed in favour of you.

P. Venu (Expert) 02 November 2020
Yes, a relinquishment deed needs to be executed.

Varun Juneja (Querist) 02 November 2020
Thank You All for the replies, but i guess some of you missed out reading my question or may be you guys are correct but practically it is enforced differently

Relinquishment Deed cant be executed as DyRegistrar verifies the property details with his database while registering. This, as mentioned, an under-construction property. Hence Relinquishment is not the right way.

Reply from Sh Rajendra Goyal seems right approach

Dr J C Vashista (Expert) 03 November 2020
I fully agree and appreciate opinion and advise of expert Mr. Rajendra K Goyal.
Builder may be approached for necessary transfer of share of deceased (mother) in the name of surviving owner i.e., son.
However, in such circumstances a fresh agreement can be executed with the builder.

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