• What document needed

(see my previous post for more background) Pagdi building in Mumbai in C-1 dangerous condition. Redevelopment consent with landlord signed in 2013 and filed in Small Cause Court Mumbai. 3 brothers (age 67,65,60) and mother (age 88) are named as tenant of the rooms and in the consent as the defendants. One brother (age 60) died few months back and was never married and no children. Landlord now in the last step of getting IOD from MCGM. He has sent draft agreements of Permanent Alternate Accommodation to all tenants. As per consent, our family will get 2 small flats in lieu of the current 2 pagdi rooms. Our goal is now to get one of the flat registered in name of one brother (age 67) and the other flat registered in name of another brother (age 65). So not keep mother (age 88) name in the agreement to avoid any future WILL probates or issues etc. Mother is fine with this and has no objection. So my question is what legal formality or document etc needs to be prepared so that landlord can make one flat allotment and registration to each of the two brothers.
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

Mother can make.an affidavit to transfer her tenancy right in favour of her children and further give a noc in favour of both sons as one brother is already deceased.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Deed of family settlement can be executed wherein it is mentioned that mother relinquishes her share in tenancy premises and that in respect of 2 flats given by builder on redevelopment one flat would be in name of one son a d second flat in name of second son

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Firslty, get the consent and bring on record on an affidavit.

Secondly, then register the same on each of them.

Thirdly, will depend upon the future event, not now worried about it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. All three of you shall have to enter in to an agreement with the land lord for making the said allotment of two flats in favour of you and your brother wherein all thre of you including your mother shall append your signatures.

2. The said agreement shall have to be registered before the sub-registrar to be legally valid.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1) You can request to landlord and builder that new redeveloped two flats should be transferred on two brothers name and attached mother's NOC registered relinquish deed.

2) Yes you can make request to landlord as per your requirements.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. You first approach the landlord and tell him the facts and your requirement. If he is agreeable, then you can simply make a Deed of Family Arrangement wherein after the demise of your brother who is the joint tenant, the remaining joint tenants have decided and agreed among themselves that the mother's name be dropped and the two padgi rooms be transferred to the name of each brother.

2. You may also instead of submitting a family settlement deed, submit separate NOC affidavits signed by the mother and the two brothers.

3. Why I am suggesting a family settlement deed is because all the parties are agreeing upon the same thing in one single document.

4. Im sure the landlord will do the transfer in each brother's name but he may ask for some monetary consideration. So that part you will have to negotiate with the landlord.

5. Bear in mind that in the IOD to be obtained by the landlord, one of the conditions imposed by BMC is to enter into permanent alternate accommodation agreements with his tenants before making an application for grant of commencement certificate to commence the construction work.

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Dear Client,

If LL is agree to name the new allotted flat in brother`s name, Same can be mention in the agreement executed between parties,

Otherwise, First mother should release her share in the property (rooms) in both brothers by equal share than room will in absolute ownership of brothers and so the allotted flat in brothers name legally valid.

Or after allotment, mother can release her share in flats to brothers. Also Valid.

After brother death his share will devolve in mother so, mother share is 1/4 +1/4 = 2/4, rest of your 1/4th each.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi,

You need to get an NOC from mother and get it notorised.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Your mother can execute a NOC in favor of you two brothers relinquishing her rights in the properties citing her old age as reason and express her no objection for this arrangement of transferring the properties to the brothers accordingly.

The notarised NOC also will suffice the requirement for the present.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

There will be an allotment letter executed by the land lord in your brother's favour for the said allotment. There will be noc executed by your mother. Relinquishment deed can also be executed and registered for relinquishing her right.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Mother can execute gift deed or relinquishment deed for her one third share in the 2 flats

2) gift deed or relinquishment deed should be duly stamped and registered

3) nomination would not suffice

4) in alternative mother can execute will bequeathing her one third share in 2 flats to her 2 sons

5) will should be attested by 2 witnesses

6) registration is optional

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Two relinquishment deed needs to be prepared for your arrangement as in one you and your mother relinquishing your share in the name of one brother in other flat your brother and mother can relinquish there rights in your favour this way you both become sole owner of individual flats as there are separate agreement for both the flats.

The stamp duty and registration on the relinquishment deed is same as the sale deed in maharastra. Both deeds can be registered with the sub registrar office.

Alternatively

same arrangement can be made in gift deed 2 parties gifting one property in each individual flat in gift deed the stamp duty and registration is less than relinquishment deed.

Nomination won't help you in transfer of property.

For stamp duty exact amount local advocate for the local registration office will help. So based on above observation you can prepare separate gift deed for both the flats so that there is no trouble in future.

Reference of stamp duty can be taken from below link exact amount can be calculated at time of registration.

https://www.e-stampdutyreadyreckoner.com/Stamp-Duty-Calculator.html

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since both the flats will be on the three names jointly, let the builder register the title on all the three names.

After getting it registered, a family arrangement and family partition can be drawn in writing wherein your mother can relinquish her rights in both the flats and as per mutual agreement both the brothers can share the flts each one, get the family partition deed registered accordingly and this may solve all the issues.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Best option to get release deed executed by mother in both son favor.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) You can go for gift deed or relinquish deed from your mother.

2) Maximum 3-5% will be cost of stamp duty of current ready reacknor of the flat cost.

3) You better go with Relinquish deed, it has very normal legal expenses.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

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