Facts: 1. Mr. A and Mrs. A (Hindu) were co-owners of a flat in MMR. 2. They do not have any kids. 3. Mr. A died a couple of months back. 4. Mr. A's parents are no more. He has 1 brother and 2 sisters. 4. Mrs. A applied to the society to transfer the property in her name and also filed a public notice. They have confirmed that no claims had been received pursuant to the public notice. 5. The society, based on the public notice and affidavit of no other legal heir and basis indemnity, agreed to transfer the property in the name of Mrs. A 6. Mrs. A is now selling the property to me. Questions: 1. As a buyer of the said property, what should be the legal safeguards or documents or processes that I should follow. Do you think this is any risk in buying the property as per the process mentioned in the facts above? 2. Is it necessary for Mrs. A to obtain Letter of Administration from Court? There are no other Class 1 legal heirs (apart from Mrs. A). If yes, how much time does it take? If not obtained, any risks in this fact pattern. 3. Is it necessary for Mrs. A to have the property registered in her sole name prior to the sale to me? Is any stamp duty applicable on this? It may be noted here that she was already a joint owner. If she doesnt register in her sole name, will there be any issues in registering it directly in my name? 4. Any other mutations / NOCs to be obtained by Mrs. A prior to the sale to me? If yes, how much time does it take?
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1) in case A died intestate ask his wife to obtain letters of administration from Bombay high court
2) it should not take more than 6 months
3) once flat is transferred in wife name on husband demise in society records she can then sell the flat
4) obtain society NOC for sale of flat
5) also no dues certificate
The procedure followed by the society in transferring the flat to the sole name of the wife is incorrect
Ideally the society ought to have insisted for a letters of administration or an heirship certificate
Mere giving of an affidavit with some indemnity and public notice is not sufficient
You can buy the property now but in the future if you go to sell it and the buyer is funded by the bank then you will face problems to get a suitable buyer in absence of a valid LA or heirship certificate having been granted to the lady who claims that she is the sole legal heir of the husband
The lady's title is clear only in respect of the her 50% undivided share and as regards the balance 50% which she inherited from her husband, her title is defective as there is no registered transfer deed in her name which can be made only after a LA is obtained from the Court
Obtaining LA or heirship certificate is a lengthy procedure and is also expensive as it involves payment of court fees with professional fees of the lawyer and clerkage and other miscellaneous expenses. It takes about 8 to 10 months to get the LA provided there is no challenge raised against the grant of LA
Once the LA grant is obtained, the administrator appointed by the Court will have to register the transfer deed in favour of the lady. Since its transfer of 50% share to the legal heir, there will not be any stamp duty as applicable on a sale deed. Registration fee will be extra.
As regards other NOC etc., it's just the share transfer forms and a limited POA from the lady to enable you to apply to the various authorities for effecting mutation in your favour in their records. The POA can be used to sign on any application on behalf of the seller.
- As per law, after the death of Mr A , his 50 percent share in the said flat would be devolved upon all the legal heirs i.e. his wife Mrs A , and children if any.
- Further , if husband dies intestate, wife inherits as Class I heir, hence in the absence of any children , the right can be claimed by Mrs A over entire property .
- After submitting the death certificate along with the property documents , Mrs A should mutated the property in her name .
1. First obtain the following document:
Death certificate of deceased joint owner,
legal heirship certificate of the deceased joint owner,
Revenue records to prove tht the transfer of revenue records lying on the name of the deceased joint owner had been transferred to the other co-owner,
Obtain latest tax paid receipt in the name of the surviving joint owner.
Obtain any other relevant record to prove the clear and marketable title on the name of the surviving owner,
Produce all the records including the title deed, share certificate by society and other relevant papers pertaining to this property before a local lawyer, obtain a proper legal opinion before venturing into the purchase of this property.
2. It s not necessary if the above suggested procedures have been properly complied with.
3. No registration is need again to prove her absolute title if all other records have been found to be satisfactory
4. See the first answer above.
Dear sir/ma'am,
You need to have the original documents of the property, NOC from the siblings, the deed should be registered and in the concerned registrar office.
