My father had purchased and acquired a Flat, entered into agreement with Builder which is duly registered. He expired, without leaving behind any Will. As per his wish he had nominated me as his nominee for his 100% share and ownership in the said flat after his demise. Accordingly, I submitted the application to Developer / society for transfer of the said flat and membership rights of the society and also had obtained notarized Affidavit from other legal heirs stating they never had any right, title or interest during my father’s life time and after his death. hTe society which was formed later on had admitted me as a member of the society and issued the Share Certificate Now, I want sell the said flat. 1. Do I need to provide latest Affidavit – No Claim Declaration from other legal heirs? If yes, Notarized or registered? 2. Should all legal heirs be the confirming parties to the current agreement?
1. A nominee is only a trustee of all the legal heirs whose duty is to ensure that the succession takes place smoothly.
2. Mere affidavit from other legal heirs does not make you the absolute owner of the flat. What you require is a relinquishment deed from them in your favour,
3. Once the legal heirs execute a registered relinquishment deed in your favour they will not have to be confirming parties to the agreement.
1) nominee is only trustee for legal heirs
2) you need consent of other legal heirs for sale of flat
3) better obtain letters of adminstration from bombay high court for the flat
4) notice would be issued to other legal heirs
5) they can execute consent affidavit and you would get letters of admintrartion in your name .
6) you can then sell the flat
7) in the alternative other legal heirs can be confirming parties to the sale deed
thank you Advocate Sethi. In spite of Society has admitted me as a Member and issued Share Certificate in my name, other legal heirs need to be confirming party to the sale deed?
1) your father died intestate and you were mere nominee
2) although society has transferred flat in your name you are mere trustee for other legal heirs
3) ideal solution is to obtain letters of administration in your name
4)in the alternative other legal heirs can execute relinquishment deed or gift deed in your favour . Have it duly stamped and registered
5) if you sell the property otherwise you need their consent for sale of flat
They are required to be confirming parties unless they execute a registered relinquishment deed in your favour.
Now, I want sell the said flat.
1. Do I need to provide latest Affidavit – No Claim Declaration from other legal heirs? If yes, Notarized or registered?
The legal heirs of your deceased father have to execute a registered release deed relinquishing their rights in the property in your favor. This deed will confer an absolute title to you in the property which would enable you to sell the property as an absolute owner.
The notarised deed are not recognised in law and they are invalid
2. Should all legal heirs be the confirming parties to the current agreement?
If all the legal heirs execute a joint registered sale deed then you can go ahead with the sale of the property as per your desire.
In spite of Society has admitted me as a Member and issued Share Certificate in my name, other legal heirs need to be confirming party to the sale deed?
Share certificate issued by society in your name is totally different from the absolute and marketable title to the property on your name.
For disposal of the property you need to have proper title.
If we go with legal heirs to be confirming party: 1. One of my brothers is staying in Goa. It will not possible for him to present in Mumbai as a confirming party. If he execute a registered Relinquishment deed in my favour, is that ok? Does he have to pay any stamp duty? If yes, how much? Is there any validity or expiry period for the R deed? 2. One of my sisters expired recently. Do we have to consider her husband and two daughters as legal heirs? If yes, my brother in law is not keeping well and will not be able to remain present at the time of agreement registration. Is it ok to execute a Registered Relinquishment deed from all three of them? Or a Notarized Special Power of Attorney from father to one of the daughters? PoA on Rs. 500/- stamp paper?
1) registered relinquishment deed should suffice
2) stamp duty has to be paid on relinquishment deed
3) no expiry period for relinquishment deed
4) on demise of sister her husband and children would be legal heirs
5) they can execute registered relinquishment deed
6) POA has to be registered . mere notarised POA would not be sufficient
Your brother who is residing in GOA also has to execute a registered release deed in your favor relinquishing his rights in the property or else you may not be able to dispose the same without he jointly executing the sale deed along with you.
The legal heirs of your deceased sister also are to be included as necessary party to sale. There is another problem that if any of her legal heir is a minor by age, then you may have to obtain court permission to sell their share in the property. If your sister's husband is obtaining a power of attorney deed from his daughters, then that deed also has to be a registered document.