Registered Sale deed had to be executed by legal heirs
2) if they are not traceable engage a detective agency to trace the legal heirs
Registration in my name to be done
The apartment was constructed as co operative housing scheme. Due to some problems registration of many flats is pending. It was allotted to d. lalitha.. She died long back. Her husband munuswamy sold to me through agreement, They have 2 daughters who were married and at abroad. I have our original sale agreement, xerox copies death certificate, no objection notary letters of 2 daughters,legal heir certificate, membership, first sale agreement. Now whereabouts of munuswamy & his daughters not known. I am staying in the flat for the last 15 years. Now how can I get the flat registered? When notices were sent to the known addresses they were returned by postal dept. stating that person not found.
Asked 7 years ago in Property Law
Religion: Hindu
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8 Answers
Hello sir , it is advisable to file a civil suit for declaration in court .. If they do not appear court can pass a ex-parte order in your favour.. The court decree shall be a valid proof of your ownership
if you have death certificate of owner and legal heir documents and agreement original copy you can legally registered the property in favour of you.
you have to file a case and mention the old address of owner.
1. Your title is not clear as the sale deed has not been executed.
2. If the conveyance deed has not been executed in favour of original owner then it has to firstly be executed in his favour and then only the share certificate can be transferred to you on the basis of sale deed to be executed in your favour by the seller Munuswamy.
3. You have to trace out the seller, there is no other remedy.
This is my response to you:
1. Since your are in possession of the property since 15 years therefore you will need to do certain things;
2. File a suit for declaration of right, title and interest in the property;
3. Serve summons, substituted service, then take out an advertisement in newspaper;
4. The court should pass the order in your favour;
5. Therefore your legal rights on the property will be established.
Dear Client,
To your horror, without registered sale deed, property cannot transfer in your name. And even if you founded those people, possibility, they may take advantage of situation and demand more money to registered sale deed. So, contacting them is not purposeful except through court.
You can apply attaching all the documents and little persuasion to babus.
Long possession does not fructify into title. Many judgments of the Supreme Court on this point. Electricity bill and water bill receipts are not documents of title. Learn to accept discomforting but true answers instead of fanciful but impracticable answers.
You may have to issue a legal notice to them demanding the execution of the registered sale deed in your name.
If the legal notice is returned for the reasons that he is not available in the address, you may file a suit for specific performance of contract and get an exparte order.
Get it registered through court after that on the basis of the judgment in your favor.
