Selling a flat in by the joint allottee

gk (Querist) 26 February 2025 This query is : Resolved
Respected Sir/Madam,
Pranam!

My cousin sister's husband Mr.Nath (employee, private co) purchased a flat through a housing loan company for 18 years repayment term. Loan sanctioned for 44 lakhs and the balance amt will be paid by Mr. Nath.

Sale agreement by the purchaser & Builder has been made and registered the same in 2022, MR. Nath and Mrs. Nath (housewife) are joint allottees of the property as per this registered sale agreement.

With reference to the sale agreement, housing loan co loan agreement has been prepared for the above 44 lakhs and sanctioned to both allottees Mr. Nath & Mrs. Nath. In other words, Mrs. Nath is a coborrower as per this agreement.

Approximately 26 lakhs rupees granted by loan co and the same has been paid to the builder. In September 2024, unfortunately Mr. Nath is died and afterwards they have not paid any dues to the builder. Since Mrs. Nath is a housewife, Housing co is not interested to continue the loan. And Mrs. Nath also not in a position to take this big EMI burden in future. Builder will be started the formalities of handing over the possession by next week or in the month March 25.

So Mrs.Nath decided to close the housing loan by repaying the amount sanctioned with interest terms set by them. It is around 30 lakhs. Housing loan Co is informed us that they do not have any problem to close the loan since Mrs. Nath is a joint allottee and coborrower. Since the first allottee is died, they can be process the closing protocols to be closed by the joint allottee.
Once the repayment of 30 lakhs been paid to the housing loan co, they will close the loan and return back the original sale agreement of the flat (which is kept by the Housing loan co as per their protocols)

After getting the above original sale agreement, the next part is to pay the balance due to the builder which is approximately 14 lakhs. Builder is informed us, if Mrs. Nath can pay this 14 lakhs, they will give the possession to Mrs. Nath and the flat also can be registered in her name - they mean, in the name of Mrs. Nath.

We have got the legal heirship certificate of Mr. Nath in which,
1) Mrs. Nath wife 38 yrs,
2) Master Nath, son of Mr.Nath 5 yrs and
3) Mrs. Amma, mother of Mr.Nath 70 yrs
are the legal heirs.

Now the query is:

After getting the possession and registered the flat in her name - whether Mrs Nath will encounter any issues to sell the flat to anyone as per her wishes, in future? I mean, any obstacles may face on legal points of view. Especially with reference to the legal heirship certificate mentioned above.

Please advise me.
Regards
GK

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Quick Summary

This discussion concerns selling a jointly allotted flat after the primary allottee's death. The surviving joint allottee, Mrs. Nath, wishes to sell the property. Experts advise that as the sale deed is not yet registered, she can proceed with registering it solely in her name after settling the remaining balance with the builder. Once registered, she will be the absolute owner and can sell the flat without obligation to the deceased's legal heirs.

T. Kalaiselvan, Advocate (Expert) 26 February 2025
Since it was only a sale agreement and not a sale deed, Mrs. Nath can have the sale deed registered on her name without any obligation towards the legal heirs of deceased Nath.

kavksatyanarayana (Expert) 26 February 2025
At the time of registration of the sale deed she shall pay the balance amount to the builder and the sale deed shall be registered in her name she will be the absolute owner of the property and no one can claim it.

gk (Querist) 26 February 2025
Thank you very much respected Kalaiselvan Sir and Sathynarayana Sir for your timely expertised advices.

(Surely Sathyanarayana Sir👌 - the balance /due amount will be paid to the builder🙏)

We were actually in a very confused situation since the concerned personnel of the builders as well as Housing loan co are also not having a 100% clarity on Mrs Nath's right in this scenario.
Now it is very clear onvthat part and I will be appreciated for you supports, Sirs.
Pranams.
Regards
🌹🙏

kavksatyanarayana (Expert) 27 February 2025
You are welcome......................................

Dr. J C Vashista (Expert) 28 February 2025
Well analysed, opined and advised by experts.

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