Documents required for real estate


Background

Stage 1

  • My father was a joint owner of a Flat plus garage in Mumbai along with his mother.
  • Subsequent to the demise of his mother, the society transferred the flat in my father’s name
  • His mother did not leave any WILL and none of his siblings raised any objection.

Stage 2

  • My father was an exclusive owner in the records of the society.
  • He died intestate and the society transferred the flat in my mother’s name.

Stage 3

  • The society in which my mother’s flat is planning to go in for redevelopment.
  • They have also signed and registered a DA (Development Agreement).
  • The builder is willing to give my mother additional area in the flat in-lieu of the garage area.
  • In case, we exercise this option, the flat that would be given to us would be different from that has already been mentioned in the DA

My questions:

What are the documents required to ensure

A)     Builder honors his commitment and our interest is protected

B)      The title of the new flat is clear so that my mother can sell/transfer/gift/WILL/lease it as and when she desires.

C)      Are there any documents that need to be registered?

 

 
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Advocate

What are the documents required to ensure A) Builder honors his commitment and our interest is protected the development agreement in original containing the agreed terms; B) The title of the new flat is clear so that my mother can sell/transfer/gift/WILL/lease it as and when she desires. Once the developed property is allotted to your mother on her name, she becomes the absolute owner having full rights over the property for all transactions at her disposal. C) Are there any documents that need to be registered? The subsequent document on your mother's name to be registered otherwise it will remain invalid. Beter consult a local lawyer and get his furthe advise on the subject.
 
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