Sandeep 13 January 2016

Buying flat whose owner is deceased

Hi All,

I am planning to purchase a property, which has been recently redeveloped.

I would like to confirm the legality of the property as the owner is deceased.

Facts are as follow

Prior to redevelopment, building existed for more than 60 years
Only 2 of 12 members had flat agreement, as most of the transaction happened many years back with lump sum payment
Over the year, Society was formed by all members, and share certificate was issued
Owner of the flat (Husband) subsequently got expired, whose death certificate is available. No will was created
Society transferred the share certificate to his wife
Redevelopment was then proposed for the plot
Development agreement & Individual agreement was formed between developer & wife (new owner)
Over the years of redevelopment, Wife expired - leaving 1 Son & 1 daughter as legal hier
Wife had filed a nomination for flat as her Son, to the Society
Share Certificate has not been transfered yet to the Son
Affidavit (with Notary) has been created by Daugther releasing the said flat to his brother & has no objection

Transaction shall happen between Son and myself. With above facts, I would like to know if all the legal aspect has been covered by Son, to prove his ownership of the flat.

Just to state the document that he has produced -

Death Certificate of Father
Transfer request from Mother to Society for Share Certificate
Share Certification with Father's name on the front & Mother's name as new share owner at the back
Nomination form from Mother to Society with Son as Nominee
Affidavit (notarized) from Sister with no objection to flat ownership to brother

Is there any document and/or formality to be done to keep the title clear. Letter of relinquishment? Intimation of Sale in newspaper?

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3 Replies

Kishor Mehta (CEO) 13 January 2016

Sir,

For the legal transfer of an ownership flat, the following documents are necessary:

[1] Society Share Certificate & [2] Ownership Registered Deed for the flat.

In your case, since the owner (wife of the deceased) has already filed a nomination form in favour of her son, the society will transfer the share certificate in the name of the son, however he will become a trustee and not the sole owner.

The son can transfer/sale the flat only after obtaining either Succession certificate or Letters of Administration from a Court of Law.

Good Luck,

Kishor Mehta

Subash M R (Advocate) 14 January 2016

I have concern about fact No.11 only,(i.e.Affidavit (with Notary) has been created by Daugther releasing the said flat to his brother & has no objection)It is not a recognised mode of transfer/share of property under the registration act.So,better a release deed executed by sister in favour of brother and get it registered in concerned sub registrar office will suffice.

Thanking you,

Sandeep 17 January 2016

Thanks a lot for your kind and prompt reply.

It has been very insightful.

I have requested Son to initiate the process for getting Share Certificate under his name. He has applied for the same.

Wrt Affidavit, I have requested for Release Deed as well. He shall revert back. Alternatively, I would like to know if we prepare a Sale agreement between myself and Son & Daughter both (as legal hier of deceased mother), would that help? And would that be a substitute to Release deed from his Sister.

In regards to Succession Certificate or Letter of Admission, I learnt that it is a long procedure of 6-7 months with high charges. Is it a mandatory, or can be skipped if Sale Agreement would include both the hiers.

To Summarize, whether following document is sufficient for the transaction -

1. Development Agreement from Builder

2. Inidividual Agreement between Builder and Father

3. Death Certificate of Father

4. Death Certificate of Mother

5. Nomination Letter from Mother for Property to Society naming his Son as nominee

6. Share Certificate in the name of Son (once received)

7. Sale Agreement between myself & Son and daughter

I would also be printing intimation of Flat purchase on couple of newspaper.

I would be taking home loan for purchasing this flat. Hence, bank lawyer would also do the verification.

Kindly advise.