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Ramachandran (proprietor)     18 February 2010

Deposit house

Dear Sir,

My mother has a leased house ( pagadi) in Mumbai.  The building is coming for redevelopment and we will get a flat in our name for the pagari.  However, I have a brother and two sisters.  My brother is staying with my mother.  The issues is, at the time of registration, we want to register the house in all four of us name.  I seek your clarification as follows:

 

a.  Is it possible to register a flat in all four names ?

b.  In case of death of one of the 4 members, the deceased members' right goes to whom ? Do we have to mention this in agreement ?

c.  Is it possible to have only two male members name included in the registration and two sisters consent can be taken while selling the flat?



Learning

 2 Replies

Suchitra. S (Advocate)     18 February 2010

a.  Is it possible to register a flat in all four names ?

Yes.

b.  In case of death of one of the 4 members, the deceased members' right goes to whom ? Do we have to mention this in agreement ?

The rights of the deceased will go to the legal heirs of the deceased and there is no need to mention about that in the agreement.

c.  Is it possible to have only two male members name included in the registration and two sisters consent can be taken while selling the flat?

Your sisters will have their share in the property if that is ancestral property. So, you will have to register in their names too. And while selling that flat, you can get their consent after deciding to give away their share.

Anil Agrawal (Retired)     19 February 2010

Will the flat be sold buy your mother first to the builder and then new flat regd? What method is being adopted? 


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