• Agreement transfer

Hello, 

We need advice on how to transfer the property agreement in my moms name since my dad has expired. As we do not have the original property agreement, only an unclear photocopy of the original agreement. our flat is in a non-oc building hence we are having issues selling our property. the property tax have been transferred on our mom's name. We need to sell our house urgently however we have having issues on registration.
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

1) obtain certified copy of sale deed from sub registrar office . lodge FIR about loss of originals . issue public notice about loss of original sale deed

2) in the alternative approach the builder and obtain copy of sale deed for your records

3)apply to society for transfer of flat in your mother name

4) you and your sibling can execute relinquishment or gift deed in your mother name

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

Hi, you can transfer the property to your mothers name by filing for succession certificate in court .. The court will pAss a decree in your mothers favour .. After that you can proceed with the sale deed

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

flat has to be transferred in your mother name in society records

only then you can sell the property

3) if you dont have OC and CC you would have problems in finding buyer for your flat

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

Even without OC and CC the deed of conveyance cna be executed and registered.

However for this you need the consent of your seller.

Since the original copy of agreement is missing do ot disclose this fact to the seller.

Simply ask him to make the deed of sale with you-the legal heirs of the original buyer which the seller is bound to give,

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

Dear Client,

How property is acquired is indispensable to prove title of ur father in the property, y don`t u get certified copy from municipal records and sub registrar if property acquired by registered deed.

All u sibling along with ur mother have equal share the property, and u all sibling can relinquish ur share in mother, this way she become absolute owner.

Yogendra Singh Rajawat
Advocate, Jaipur
22987 Answers
31 Consultations

1. The query is unclear.

2. Was the Title of the property registered in the name of your father or it was still in the form of sale agreement?

3. If Title of the property has not yet been registered in your father's name and if is not registrable, then you can not claim its share of the title till the sale deed is registered in favour of the legal heirs of your father.

4.Arrange to collect the OC from the local Municipal Corporation and get the property registered in favour of all the legal heirs of your father and then sell it of jointly to the third party.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

1. You can get your names mutated for paying the Municipal Tax but you are required to register the sale deed of the property in the joint names of all the legal heirs of your father.

2. Without OC/CC, Registrar will refuse to register the property.

3. Try to get the OC/CC first and for any deviation construction from the sanction plan, the Municipal Corporation might ask for penalty at specified rate and after payment of the same, CC/OC might be issued by the said Municipal Corporation.

4. Once the said OC/CC is availed, the subsequent steps to register the sale deed in favour of all the legal heirs of your father can be taken to enable you top resale the said property to a third party.

5. Without registering the property in your names also you can sell it of by asking the builder to sell the title deed in favour of your buyer wherein yoiu shall have to sign as confirming party or witness.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

You mean to say the transfer of the registered sale deed from your father's name to your mother's name?

All the legal heirs excluding your mother, should execute a registered release deed relinquishing your rights in the property in favor your mother.

After that she will become the absolute owner.

You can get a certified copy of the registered document from the registrar's office.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

Is the registration possible as OC and CC is not there and we siblings hav already applied for NOC affidavit while transferring property tax name from dad to mom

You have to aproach the builder for OC and CC or you can directly approach the authorities issuing this certificate.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

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