It is generally done on Rs 500 stamp paper or so
execute sale deed in favour of buyer
Buyer would apply for transfer of electricity connection in his name
Selling slum hutment occupied by father
My father owned a commercial hutment in the Dharavi slum area. He passed away unexpectedly. He had mentioned that he purchased it in the year 1978. I was trying to collect all the documents related to that hutment. He has the following documents, 1. Rent receipts from year 1978 2. Electricity bills from year 1978 3. Photo-pass issued under SRA 4. Trade & Shop establishment licenses 5. Fire Insurance Policy by LIC I tried to obtain any registration documents from the registrar office but could not find any. I was told that slum dwellers would not have any registration since they come under the category of occupiers. Now, I wanted to sell that hutment. I am aware of the process for buying/selling a usual flat which involves registration. However, I wanted advice on the process of selling a hutment in a slum. The slum area has been scheduled for redevelopment since years but nothing has happened yet.
Asked 3 years ago in Property Law
Religion: Muslim
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10 Answers
Since your father occupied the property like others once upon time, it cannot be said that he bought the property by a registered sale deed.
Hence you cannot find a registered document in order to sell the same by executing another registered document in favor of the buyer.
If you are very particular and keen about transferring the property by a registered sale deed only then you may have to first get the title declared to your name by instituting a suit for declaration of title based on the documentary evidences in your possession by perfecting law of adverse possession.
Of course it would be a very lengthy process and it may take years to get the disposed in your favor, then you can sell the property as an absolute owner with clear and marketable title to the property.
If you do not want to undergo the tedious legal process, you may sell the property without a registered document by making a sale deed on an unregistered non judicial stamp paper worth Rs. 100/- provided the buyer is willing to buy it that way.
You can get the rent receipts transferred to his name and may give NOC for the transfer of electric supply connection, water supply connection and other relevant records.
Since this is a pagdi system you may not be able to get your title declared in your favor hence better wait for the redevelopment process to be completed or can arrange for a buyer who is willing to buy this way.
This involves knowledge of local laws, hence only a Mumbai based lawyer can answer this.
Will need to check if a slum cannot be sold by a registered agreement (I doubt whether there is any such restriction)
But nevertheless it can always be sold by executing an agreement which can be notorised
I also want to highlight that all documents are in the name of my father. What extra steps will I, as his son, have to do in order to sell it.
Asked 3 years ago
Sale deed has to be executed by the legal heirs of deceased father
You first of all have to gather all the legal heirs of your father, get their NOC as well as authorisation in your name to sell the pagdi system property to the prospective buyer, however you may have to keep your landlord informed about this because he only has to issue the rental receipts transferred in the name of the new buyer subsequently.
an heirship certificate or a letter of administration has to be obtained from the High Court
the other legal heirs of your late father will have to consent and release their rights in your favour by a registered release deed
Dear Sir,
1. all the legal heirs have to sign a no-objection certificate (NOC) and authorize that you will be the buyer.
2. you can execute the sale deed on a stamp paper of rs.500
3. it is advisable to contact a local lawyer and verify the documents
Thank You
- For further assistance, you can book a consultation with me
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- You can not do registration of slum property.
You can sell it on stamp papers.
- Buyer will ask the NOC from all legal heirs.
So you have to get legal heir certificate or a letter of administration from the High Court
All legal heirs have to sign on sale deed on stamp paper.
Dear Sir
Your father perfected title to said property and you can sell the same by delivering the same to the prospective buyer. You may not execute register sale deed but ask the prospective buyer to file a formal suit for declaration and get it decreed on your formal consent.
