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Mrs . Shanta Rani (Housewife)     22 August 2014

Title of the flat

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

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

 

Regards



Learning

 2 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     22 August 2014

A. It is incumbent on bldr to honour DA B. Flat is given in lieu of old with addl place hence can transfer provided there is no adverse clause in DA C. I) DA should be regd II) Org.Share cert.DA agreet copy Old flat Agreement n also Maint.paid Receipts to be kept safe.

Kishor Hajare (Advocate)     25 August 2014

Hello,

Upon registration of DA, the Developer shall execute and register the Individual Agreement with every member of the society. In the said Agreement, you can decide the terms and conditions between you and the builder.

Now, the additional area agreed to be provided by the builder has already been stipulated under the DA but you can specifically set out your terms and conditions under individual agreement.

Further, ensure that builder will register the Individual Agreement with you in order to avoid future risk.

Regards

Adv.Kishor Hajare

9930647734


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