• Buying a flat in a 28 year old building in Hyderabad

Hello. 

I am interested in buying a flat in a 28 year old building in Hyderabad. The flat is in great shape and the price is right too. 

I was looking through the list of documents needed online but I am not clear on how many apply in this case as it an old flat. Also, there is a hitch with the title. 

The seller and his wife jointly owned the flat but the wife passed away last year. Both of them are Hindu. She has a will in which the flat is going to the elder son. Now both father and son are in agreement to sell the flat. Whose name should the flat be under? Is there any need for succession certificate etc?

Also, do I still have to check for occupancy certificate and completion certificate? What is the procedure to apply for one in case the owner does not have them? What additional documents are needed?
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1. Since the ownership of the flat was joint between husband and wife the share of wife devolved in terms of the will on the elder son. As a corollary to this, the joint owners are now widower and elder son. Both of them are required to sign the sale deed to be executed in your favour.

2. Succession Certificate is not required to sell the flat as succession certificate applies to only liquid assets.

3. Conduct a title search in the office of sub-registrar through a local lawyer to ascertain that the title is free and marketable.

4. OC is required. A local lawyer alone can tell you which authority is competent to grant OC in Hyderabad.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) insist that probate of will be applied for in the high court

2) probate is judicial proof that will is genuine

3) succession certificate is for movable debts and securities

4) check whether occupation certificate has been issued or not for the building

5) also whether property taxes have been paid till date

6) NOC from society for sale of flat

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

1. Check how many legal heirs the wife ahs left in terms of her children.

2. i fall of then join in the sale deed along with her husband then there is no nothing to worry on this issue.

3. However since I have not checked the relevant papers I can not comment on title of the proeprty on other counts.

4.Since taking of Probate takes time the beneficiary of Will along with other legal heirs can join in the sale deed to remove any dispute of future claim.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

Hi

Since you are interested in buying a 28 year old flat you need to ask the seller to provide you the following documents

1) Link documents to the property (prior to construction of the flat and traceable up to the year 1960) along with encumbrance certificate from 1987 to as of date.

2)Copy of Title deed of the property standing in the name of seller.

3) The seller should get the WILL Probated in court of law as the property is bequeathed to the eldest son.

4) In a probate process, the family members generally agree that the will is genuine and all of the family members are also agreeable for the property to vest in favour of the beneficiaries named in the WILL. The court based on affidavits of the family members will declare the WILL as Genuine.

5) Since the Seller has to get the WILL Probated in court of law, succession certificate is not required.

6) Since it is a 28 year old property, occupancy certificate might not be available(occupancy certificate is in Vogue from 2006 onwards). However the seller should be able to give you the following in lieu of Occupancy certificate

a) Building approval plans by GHMC.

b) Property tax receipts for last 5 years.

c) Building regularisation order if any (in case of any deviation in flat/ apartment complex- Please note GHMC has been regularising buildings once in 7 years for last 4 decades)

7) At the time of registration you should get the following documents from seller

a) Sale deed between you and seller(subsequent to finalisation of deal).

b) Original property title deed standing in name of husband and wife.

c) Death certificate of Seller's Wife.

d) Family member certificate of Seller (subsequent to demise of seller's wife)

e) Probate order issued by court.

f) Property tax receipts for last 5 years.

g) Electricity receipts for last 1 year.

h) Link documents to the property (prior to construction of the flat and traceable up to the year 1980)

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1. Has probate of the will been taken by the eldest son?

2. Without grant of probate, will has no value more than a scrap paper.

3. Now, with out considering the will for want of probate, the lady's 50% share of the said property will be inherited by all her legal heirs.

4. The flat should now be sold by the father and all the legal heirs of the mother( as per the legal heirs certificate obtained from the Counselor of the local Municipal corporation) in absence of the probate of her said will.

5. Verify the original deed and also all the mother deeds if the said flat was sold several times before to ensure that no original deed has ever been deposited with any Bank while taking loan to create mortgage on it.

6. After completion of 28 years of occupancy of the said flat, it will be difficult for you to collect copy of the occupancy certificate issued by the Municipal Corporation though you may try the same referring the sanction no. of the plan. .

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

The seller and his wife jointly owned the flat but the wife passed away last year. Both of them are Hindu. She has a will in which the flat is going to the elder son. Now both father and son are in agreement to sell the flat. Whose name should the flat be under? Is there any need for succession certificate etc?

Since this property was jointly owned, upon the death of the wife, her share shall devolve on her heirs or the beneficiary of the will.

therefore now the father and the son shall be the joint owners who can jointly execute the registered sale deed in favor of the buyer.

The occupancy certificate may not be necessary but it is important that you obtain a proper legal opinion from a local lawyer by producing the copies of the relevant documents before venturing into the proposed purchase.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

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