Civil Procedure Code (CPC)

Sale deed

This query is : Resolved 
 


Querist : Anonymous (Querist)
20 July 2021

Dear Sirs,
My friend own a flat in society. There is an agreement for sale of the year 1996 for the said flat in his father's name . his father had paid the stamp duty and registration fees . After his father death he transferred the membership of society to his mother . Now can my friend make sale deed in his own name , of the said flat . Or it is to be made in the name of his mother only .


kavksatyanarayanaOnline (Expert)
20 July 2021

Membership transfer is not a right. In his father's property, his mother, he, and his siblings have equal rights on the flat. All the children relinquish their rights in favour of their mother.

Advocate Bhartesh goyalOnline (Expert)
21 July 2021

Property was purchased on your father's name and after demise of your father, property rights equally devolve to your mother, you and your siblings,merely membership transfer does not give your mother absolute ownership of property.your mother and your siblings have to relinquish their ownership rights in favour of you by registered release deed then you will become absolute owner of property.

Dr J C VashistaOnline (Expert)
21 July 2021

I endorse and appreciate the advise of experts Mr. Kavksatyanarayana and Mr. Bhartesh Goyal.

Subject flat was purchased by your father, how did your friend execute agreement to sell ?

Consequent upon death of titleholder (father of your friend) the intestate property (flat in the instant case) shall devolve equally between his widow and children.

How you are concerned about the property and affairs of someone else, where you have stated to be the case of your "friend" ?


Querist : Anonymous (Querist)
21 July 2021

Dear Sir(S),
The above situation is completely related to my friend if I had faced it I would have just mentioned my name.
Secondly there are only two legal heirs after the death of his father , he himself and his mother, a resolution of society for the transfer of said sadanika i.e flat in favor of my friend's mother . Now during his father's lifetime only, the agreement of sale was executed in father's favour . So my query is that can sale deed be executed in favour of the son, one of the legal heir of the flat by executing relinquish deed of his mother.


Querist : Anonymous (Querist)
21 July 2021

Dear Sir(S), The above situation is completely related to my friend if I had faced it I would have just mentioned my name. Secondly there are only two legal heirs after the death of his father , he himself and his mother, a resolution of society for the transfer of said sadanika i.e flat in favor of my friend's mother . Now during his father's lifetime only, the agreement of sale was executed in father's favour . So my query is that can sale deed be executed in favour of the son, one of the legal heir of the flat by executing relinquish deed of his mother.


SHIRISH PAWAR, 7738990900Online (Expert)
21 July 2021

Hello,

Mother can transfer the flat in the name of the son if mother has become the owner of a flat in the books of society after transfer of membership of society. If the flat is in the mother's name then she can execute a gift deed in favour of her son. The stamp duty and registration charges are nominal for the registration of the gift deed.

Shashikant V. PatilOnline (Expert)
21 July 2021

As per Succession law, after the death of your friend's father , leaving behind son and wife,they both can be equally have rights ,shared and entered in the ownership of subject flat. After becoming both co-sharer , if mother desired to execute gift deed in favour of son , she can.

P. Venu Online (Expert)
21 July 2021

You are confused with the facts and imposing your confusion on others? When your friends father has paid the registration fees and stamp duty, what more is required to be done for registering the deed?



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