Sandip (1) 12 April 2011

Legal Heir Requirment

Please advice on the following case.

X owned a flat in Navi mumbai and died in 2001 without any will. he survied with wife and two married daughter . two married daughter have given their consent and NOC to X to be the only legal heir for the flat. on that basis and affidavit and indemnity bond to CHS, the flat was transfered on X name along with share certificate. Cidco also given NO OBJECTION CERTIFICATE Now I have purchased this flat from X and going to registered the sale agreement. should i go ahead

looking forward for your guidance.

Regards

Sandip

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4 Replies

Naresh Kudal (none) 12 April 2011

You should ask for release deed from seller's sisters and mother in his favor. If it seems not possible, made all legal hairs party to sale deed. Contact an expert for proper drafting.

Sandip (1) 12 April 2011

XYZ owned a flat in Navi mumbai and died in 2001 without any will. he survied with wife and two married daughters. both daughters have given their consent and NOC to mother (wife of XYZ) to be the only legal heir of the flat., on that basis and affidavit and indemnity bond to CHS, the flat has been transfered to mother's (wife of XYZ) name along with share certificate. Cidco has also given "NO OBJECTION CERTIFICATE "

Now I have purchased this flat from wife of XYZ and going to register the sale agreement .

Should i go ahead looking forward for your guidance.

Regards

Sandip

ADV Rajesh KASRIJA (ADVOCATE) 12 April 2011

r sir

there is no problem if you are going to register the sale agreement . Because she is the owner in the documents.

thanks

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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 12 April 2011

1. IF consent / NOC is already executed in favour of Wife (Mrs. XYZ), by the legal heirs of XYZ and IF the CHS has already transferred flat in favour of Wife AFTER receiving No Objection Certificate from CIDCO, then the legal heirs (2 married daughters have already relinquished (forfeited) their right on the property of their father.

2. IT is safe enough for the new buyer to execute sale agreement with Mrs. XYZ, subject to again obtaining No Objection Certificate from CIDCO. The original consent / NOC executed by legal heirs (2 married daughters) should be annexed and should be a part of the fresh sale agreement.

3. There remains no need to again obtain consent/NOC from the legal heirs (2 married daughters) during current execution of the fresh sale agreement.

4. The legal heirs (2 married daughters) now have no right to the property of their father, after executing consent / NOC in favour of their mother. However it is advisable to check for any unwanted / reservation / restriction clauses in the consent letter / NOC executed by the legal heirs (2 married daughters).

Keep Smiling .... Hemant Agarwal

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