Dear Client,

Share in property do not inherit by nomination but by law of succession both B & C are 50% share holder of a`s share. SO, valid owners.

Ask the sellers to get the property transfer in their name acc. to % of share i.e. B 75% & C 25%.

Hand over all the original documents to u.

Get certify copy of previous sale deed in that documents may be annexed.

Check, if, is their any restriction in the re development document. Such kind of clause usually not valid in legal system. Except right of pre emption.

hi. you have to transfer the flat through sale deed from the wife as well as the children which have received the share of their father after his death

1) title of seller is not clear and marketable

2) you need original chain of documents

3) it it is lost FIR has to be filed of loss of original documents

4) apply for certified copy of said documents from sub regitrar office

5) on demise of husband intestate wife and daughters would be legal heirs of his 50 per cent share in property

6) society should transfer flat in name of legal heirs

7) redevelopment agreement would be entered into by builder with wife and daughters to whom flat transferred by society

You should enter into agreement with the wife (joint owner) and all legal heirs of the deceased husband (joint owner) as confirming party who should also sign the agreement for sale.

Hello,

Original chain of documents is mandatorily required failing which the title of the owner is not clear.

If the same are not there with you, lodge an FIR for the same and subsequently obtain the certified copy from the registrar office. They must be there is the record of the registrar.

Please note that since the husband passed away intestate therefore as per the succession laws the daughter and the wife will have 50% share each in the property.

Redevelopment agreement will be signed by the builder with the legal heirs.

Regards

1. Are there any other legal heirs of Mr.A/

2. If yes, then some of them might claim share of the share of Mr.A of the said Flat.

3. Get a settlement deed or relinquishment deed registered by those legal heirs in favour of the said daughter and wife of Mr.A.

4. If there is no other legal heir of Mr.A then, his wife and daughter are the absolute owner of the said flat which is being redeveloped now.

5. If you buy the existing flat before it is set for redevelopment, then you shall have to get the sale deed registered in your name now itself and thereafter register another agreement with the said redeveloper agreeing for the said redevelopment and for stepping in to the shoes of Mr.A & Mrs. A and also their daughter and Mrs.A in connection with the said flat and the flat to be allocated after completion of the said redevelopment.

6. The redevelopment agreement and the subsequent agreement should clearly mention that the newly allocated flat after the redevelopment should be completely unencumbered and you shall be its absolute owner with all the rights of a owner including the right to sell the same.

7. Collect the certified copy of the said lost documents to understand the defects, if any.

On the death of Mr. A as you have mentioned Mrs B and her daughter will have the right over the property 75/25 share respectively.

The share certificate and the municipal records has to be transferred accordingly in the name of mother and daughter.

The procedure and time depends on the follow up you make.

You may have to acknowledge the earlier transaction with the builder.

on purchase of the property you will have the right to sell the property even after the redevelopment.

1. Before you buy this, ensure that 3/4th of this flat is registered in the name of Mrs. B and 1/4th in the name of her daughter.

2. Post purchase, you need to get the share certificates transferred in your name.

3. Regarding transfer of share certificates. This will be post purchase.

4. Yes, there is no restriction.

5. If these chain deeds were registered, pull out a certified copy of the same.

1. The share of the deceased share holder shall devolve on his own legal heirs which comprises his widow and children, hence they have to execute the sale deed in respect of their legitimate share in the share of property that belonged tothe deceased shareholder, nomination ion the society will not confer marketable title on them to sell this property. Better to obtain a legal heirship certificate.

2. There is no time factor, if everything is alright, you may go ahead right away.

3. First of all purchase the property by a registered sale deed duly executed by the vendors afterwards you can enter into the agreements as other members of the society, with the developer complying with lot of formalities therein.

3. You will be informed about it based on the prevailing circumstances

4. If you want to buy the property before redevelopment then it is a transaction between you and the vendors only.

5. Losing of relevant link documents is a serious lapse, there can be no excuse for this, you may ask him to produce the certified registration copies of the lost documents following the proper procedures of law in this regard, besides indemnifying you for the same against all future legal issues and losses therein.

Hi,

Before buying please ensure that the property is registered on then name of all the sellers (wife and daughter). This can be done at registrar office and intervention of court may be needed. The time required for completing the procedure would be around six months. The builder must issue no encumbrance certificate (means he has complied with all the legal requirements. The owner can sell the flat without any restriction from builder in this case. The chain of documents may be obtained from registrar's office.