Approach builder to register flat in your name
2) enclose affidavit of consent of other legal heirs
Property registration post father's death
I and my father have purchased a flat two years back jointly in Bangalore. My father was having the first name on the property and me being the second. The property is still unregistered and My father died recently. So, now I want to understand the registration process, what needs to be done from my side for a smooth registration of the property.
Asked 4 years ago in Property Law
Religion: Hindu
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8 Answers
1. Since your father is no more and assuming that he died intestate ( without executing WILL ), his share in the property would devolve equally to your paternal grandmother (if alive), your mother and children.
2. In case you want to register the property in your sole name, the other legal heirs have to agree for it. Since it's not yet registered, there's no need for the execution of registered Release Deed by other legal heirs in your favour. Hence better to consult the other legal heirs, before getting the property registered in your sole name.
If you have only entered into an agreement of sale and have not yet purchased the property then you can ask the builder to execute a registered sale deed in favor of you and you can even submit a NOC from other legal heirs of your father for registering the property to your name.
This will ensure that the property is registered to your name directly.
1. If the sale deed of property is not executed then no sale has taken place, consequently title has not passed yet.
2. Contact the seller and ask him to execute the sale deed in your favour and in favour of other legal heirs, if any, of your father.
1. Till the sale deed is registered, the sale is not considered as complete.
2. You have not told from whom you have purchased the flat.
3. If your late father does to have any legal heir other than yourself, then ask the seller to register the said flat in your name.
Hi, If the property is not registered then you can register the same in your name.
- As per law, after the death of your father who was joint owner , his 50% share would be devolved upon all the legal heirs including you.
- Further , other legal heirs can release their respective share in your favour after executing a registered release deed .
- However, as the property is not registered , and if there is agreement to sell registered by the builder in the names of both , then after submitting an NOC , the said property can be registered in your name.
- Further, if the agreement to sell by the builder is not registered then , you can registered in your name.
You need to get the same registered now. If any other legal heirs of father present then will require their consent
