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vinay kumar (News reporter)     14 June 2012

Transfer of property of deceased son to parents..pls help

Dear Esteemed Learned Lawyers,

   Thanks for visiting this Topic & Spending your Valuable Time.I was Advised by one of my friends to Visit this Website to answer my query as it has Best Brains From legal Field.

One of My Close Unmarried  Friend,Hindu By Religion, a native of Uttar Pradesh & working in Delhi for past 1.5 years in Delhi,died interstate  this Year,Leaving his Mother,father,brother and two sisters in family.Both sisters are married & elder Unmarried brother is a Govt.Employee.His parents are dependent on him.

His Parents got issued a Surviving Members Certificate from SDM of the Tehsil of their Area which Clearly states The father & Mother to be only Valid Family Members.The Survivor Certificate further states that ,it is valid for amount upto Rs.5000/- only and for an Amount higher than that District Judge to be Contacted.The Deceased has purchased a Flat in Noida by Taking Loan from Bank under Construction Linked Plan and the Flat is Under Construction.The Falt is Mortgaged to Bank.While the Bank has agreed to handover Original Home Loan Documents/NOC to Deceased Mother after full  payment of Home Loan,The Builder Insists of Succession Certificate/Letter of Administration and Does not recognise Surviving Member Certificate as he says it is for  Rs 5000/- only.While the Mother ,who wishes to Inherit the property has even agreed to provide the Bulider with an Indemnity Bond,& father ready to provide with a NOC in favour of Mother to Deceased,but of no use.Kindly Guide as how the above property which was  Alloted to Son(& not Registered till Date in name of Son) by Builder be transferred easily in name of Mother ,who happens to be a Class I Heir to Deceased.

Pls Help......

                                                                              Thanks for Bearing With Me.

                                                                                         Warm    Regards,

                                                                                                     Vinay Kumar


 3 Replies

Deep Narayan (learning)     14 June 2012

BY reading ur I understood that the main hindrance is created by the builder. am I right? If yes then ask the mother of the deceased to get a affidavit from the court in which it must be clearly mentioned that the mother/father are the legal heirs of the property which was left by their son. after getting this affidavit show this to the builder and then he is bound to provide the property to the mother/father. Again if he do not agree on providing the affidavit then pull him to the court.

Sanyam Malhotra (Advocate)     14 June 2012

The flat should be transferable to the blood relatives of the purchasor who is deceased.

If there was an agreement/contract which you signed at the time of purchasing flat in the construction linked plan, there must be some mechanism in the contract itself for transfer of ownership to nominee or blood relatives in case if death of purchasor. The builder is also bound by the agreement. Usually an affidavit and copy of death certificate made avaialble by municipal authorities are sufficient proof for transfer after death.

vinay kumar (News reporter)     15 June 2012

Dear Sir,

 I consulted a Local lawyer who told me that at the Time of Filing a Declaration Suit(That Mother 7 father are the only Legal Heirs),there is no issue,but at the time of Passing a Judgement,The Court requires Succession Certificate/Probate/Letter of Administration in order to declare Petitioners as Legal Heirs.Kindly clarify about the issue.

                                                                     Thanks In Advance

                                                                                 Vinay Kumar

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