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Viren   29 August 2019

Transfer documentation process

Dear Experts, My maternal uncle purchased a small shop in the year 1995 in Mira Road-Thane district,Maharashtra directly from the builder. The property is not registered as it was not compulsory to register property before 2001.It became compulsory only after the Registration amendment act in 2001.He passed away intestate in 2002 and my aunt in 2007.However the property was in his name until 2015 and later it was transferred in the housing society to his younger son after completing the formalities like Appendix 17,19,NOC affidavit,public notice etc.Out of the two son,the elder son is abroad and he is not interested in any claim from the property and he has no objection if younger son wish to sell property and retain the sale proceeds.Before selling the property what documents are required to claim that he is the sole owner so that transaction is hassle free. Thank you.


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 4 Replies

Real Soul.... (LEGAL)     29 August 2019

If the property has been transferred in younger son's name then he can sell it,what is the problem

Nilesh P   29 August 2019

You can share your email address

Viren   29 August 2019

Dear Sir,

Someone told my cousin that just by changing name in maintenance receipt and by passing entry in the share certificate does not make him the owner and he just a care taker.Is it necessary for his elder brother to come back from abroad and does he need to sign any documents at the time of selling the property.

Is it true that registration was not compulsory before amendment act 2001.Does it impact the ownership rights.Stamp duty has been paid but now registration is not possible.

SIR PLEASE GIVE YOUR FEEDBACK AND SOLUTION IN DETAIL.

Thank you

Real Soul.... (LEGAL)     29 August 2019

Just ask yout brother to execute a Power Of Attorney and execute the documents on his behalf.


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