My father had a 2 Storey house in Delhi. He did with a Will saying that after his death the property with all rights will go to his wife (my mother) and after the death of his wife (my mother), the ground floor will go to his younger son and First floor will be for elder son (myself). Roof will go to both the son equally. During the life time my mother signed a collaboration agreement with a builder to construct 2 more stories above existing 2 floors. The collaboration agreement said that the collaborator will build 2 stories above the existing 2 stories and lieu of building the 2 stories he will get the third floor with all roof rights. The second floor is divided in 2 equal parts and each brother take one part of the second floor in his name. Before I ask my query, I want to inform that after the death of parents, a family agreement was signed and registered in court between brothers (2 nos.) and sister (1 no.) confirming that sister will not make any claim in the father property. Now the builder has completed building 2 floors above the existing 2 floors. I need to know the following: 1. How to register ground floor and one half of second floor in the name of Younger son. 2. How to register First floor and second half of Second floor in the name of Elder son. 3. How to register the third floor in the name of collaborator. Regards
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1. See the ground floor can be mutated in name of son based on the will and death certificate of mother and father directly in name of younger son and for the third floor share the same shall be registered as per collaboration/joint development agreement.
2. Same as above
3. The builder has right over the third floor based on the agreement and same can be registered by you in favour of builder that is all legal heirs of mother on demise of mother through registered deed and payment of duty.
Supplementary sharing agreement has to be registered with builder wherein third floor is the builder share and first floor in name of younger son and second floor in name of elder son
Query nos. 1 and 2:
Obtain letter of administration from court to administer estate of deceased
The application for above can be made by any legal heir of deceased
Once the LA is granted by court the administrator so appointed under the LA will execute and register transfer deeds in favour of the sons for the ground and first floor as per directions given in the Will. Do attach the family agreement between brothers and sister to this transfer deed
Query no. 3
The builder can directly execute and register agreements with both the brothers for the allocation of space on second floor as mutually agreed between the brothers
So two separate transfer deeds will be made by builder in favour of the brothers. That is one transfer deed for each brother. Its advisable that the brother becomes a confirming party in the transfer deed of another brother, so that there are no disputes in future
The transfer deed will be styled as Agreement for allotment of Permanent Accommodation
As stamp duty would have been paid on the collaboration agreement, only nominal stamp duty has to be paid on permanent accommodation agreement
This will complete the title of the two brothers for their respective shares in the building
Dear Client,
For one half of second floor in the name of sons, partition deed will execute and through sale deed or gift deed, third floor will register in collaborator name.
First you need to file for probate of the will left by your father & then you can file for mutation according to the agreement.
1) Your father can cancel the WILL and not by your mother. As a mother has full rights on the property, so she can rebuild the building but she can't touch to 1st two floor. While these two floors will remain with sons and terrace as well.
You have to make registration of 3rd floor in the name of the outside party who is the biography building and filing a civil suit in the court the rest of the building will be transferred 2 both of you and both of you have to update the municipal record by providing the copy of table and the copy of family settlement agreement between both of the brothers to record the property in your name
1. Execute a SEPARATE registered "Family Settlement Deed" (FSD), between the Two brothers for the respective properties mentioned in your point no. 1 &2.
2. AFTER above register a Deed with the builder for the Third Floor, to be executed by both the brothers.
Keep Smiling .... Hemant Agarwal
it is better to registered the supplementary agreement to avoid future disputes related to the sharing.
The floors now constructed shall remain in the common name only, it can be registered by executing a joint sale deed at the time of selling by the collaborator to a third party because he cannot pay the stamp duty to get the property registered on his name and subsequently sell it to a third party.
You can do the Registration with the help of the court order or consent terms before sub registrar office along with your father's will.
1. Properties/Buildings or its floors are not registered. The Deed of Conveyance transferring the title of the property is registered before the Registrar.
2. In the instant case, all your brothers and sisters shall have to register a settlement deed detaiuling the floors duly settled in favour of the two brothers.
3. The developent agreement registered by your mother detailing the entitlement of the 3rd floor to the collaborator shall entitle the collaborator to own the title of the said floor.
