transfer of premises to legal heirs after death of the owner
Ritesh Jain
(Querist) 24 February 2011
This query is : Open
the original owner was the owner of a premises (paghdi system). The original owner lived in a joint family since 1987-88 and the premises is presently used and occupied the same joint family. The original owner died 8-10 years back leaving behind his only 2 sons and their family. No will was executed by the original owners. The original owner does not have any daughter and the family is governed by Hindu Law (being Jains). The legal heirs did not transfer the premises in their joint names as the landlord was demanding huge sum for transfer of the premises in their name and the legal heirs being unaware of the law did not accept the request of the landlord. The landlord has died and the property is being conveyed in favour of a Developer by the legal heirs of the Developer. The legal heirs of the original owner have not given their consent for the development due to the developer providing less area of 753 square feet carpet in comparison to the current area of 890 square feet carpet area. The Developer is forcing the legal heirs to give their consent in lieu of the transfer of the new constructed premises in their name, but the legal heirs are against the proposal.
1) Please provide a solution to the same.
2) the premises needs to be transferred in the name of the legal heirs, state the legal process where no fees is to be paid to the Landlord.
3) Do the legal heirs have to pay any transfer charges to the Landlord for transfer of names after the death of the original owner?
4) any other legal way out to get the name transferred?
5) how much is the actual legal fees for transfer of names.
