Hello sir/ madam, Need your expert advice. My husband's father purchased 1 sra flat some 11 years back. all was done with proper documentation and POA under father in law's name. Now after 10 years, my father in law has expired last year, nothing is transferred in mother In-law name and we want to sell the flat. Please guide for below queries 1: building has completed 10 years but registration is mhada is still pending which is expected to take long time. 2: does the flat automatically transfers and share certificate in his wife( mother in law's ) name in case of death 3: after 10 years, father in law's name is on share certificate and POA, but do we need anything to sell the flat because mother in law wants to sell it...any restriction or issues or formalities to be done before. 4: even if we sell, the first owner is very aged man who is staying is old age home with mostly bedridden.do we require his sign or some will to make the sell 5: we want smooth transfer to new party, so as he doesn't depend or face issues to transfer in his name if the old first owner is no more. 6: we are really confused as we don't want any part in this.wan to sell and hope new buyer gets everything in his name. What are the procedures for it.
2.No you need to seek transfer after producing death certificate.
3 no issues.
4. Yes you need his signature.
5. If he is no more his legal heir will come in picture.
6. Regiistered Relinquishment deed from all legal heirs in the seller favour and sale deed.
on death of your father in law power of attorney ceases. you will have to contact the seller . request him to execute sale deed in favour of your mother in law. get agreement duly stamped and registered.
On demise of father in law flat would devolve on mother in law and their children .
2) obtain NOC from society for sale of flat
3) no dues certificate
4) contact a local lawyer
Hello Sir's, Thank you for your valuable feedback on this query. 1: the first owner is very old...he doesn't have any children or legal heirs. His nephew was at execution of deal but now he is saying we don't know anything about it..maybe he wants some share of money... I guess we will need the nephew help to get signatures Nas we won't be able to visit old age home without his permission as he has kept the old man there. Is there any way to keep the nephew out of picture. 2: even if the nephew agrees for meetup/ signature, what all documents needs to be considered to take final sign from the old man so as to not disturb him again. 3: can the society call the nephew on our behalf to do the deeds of proper documentation and signature since society members were well aware and present at the time of sale, as the nephew is showing attitude to us but be might oblige to the society members. 4: we really are stuck here, since we paid most of our savings to buy the flat and now the aged man is not in position to give signature and we have no claim over flat. Please is there any alternate solution to take us out of it. 5 also we don't want to fool any new buyer but want the seamless transfer to him and true and genuine sale so he doesn't face any issues in future...is there any way to sell without involving the first owner since he took the money and not interested in the flat Ps- he being old man, he had given all authorities to my father in law at that time only so he is not disturbed.only WILL was not prepared. Thanks once again.
You mean to say only POA has been executed and not sale deed in your FIL favour
2) if so on basis of registered POA your FIL can execute sale deed in favour of buyer
3) old owner signature is not required fir sale deed
4) youdont meed nephew consent
Share certificate will trasfer in Nominee name and but actual ownership will vest in his legal heirs. Wife and children equal. Have to apply for it.
first owner has no say. Apply for legal heir certificate of father in law, On the basis of it, it can be sell easily.
1. it appears your father in law does not have a registered title document in his name from the seller [the old man] from whom he purchased the flat
2. it appears that the seller only gave a POA to your father in law and then somehow your father in law's name came to be entered in the share certificate
3. mere entry of name in share certificate is not enough and does not confer any ownership title on your FIL
4. since your FIL has passed away, things have become more complicated
5. on his death, his legal heir has to first obtain letter of administration [LA] from Bombay High Court which is an expensive and lengthy procedure of 6-8 months
6. once the LA is granted, a registered sale deed has to be made by the old man in favour of the administrator and thereafter by the administrator in favour of the mother in law
7. alternatively the old man can directly execute the registered transfer deed in favour of your mother in law with the administrator as the confirming party
8. this registered title document will give title to your mother in law
9. however you also need to check whether NOC of SRA is required for the above transfer since the original transfer by old man in favour of your father in law appears to have been made by him without NOC of SRA
10. only on getting the above registered title document, can your mother in law get ownership rights in the flat and be able to sell the flat
11. for the transfer deed, it is advisable that the mother in law takes a POA from the old man [however this POA will be valid only till the time the old man is alive]
If he is not a legal heir you can keep him out else no.
You can take his signatures on applicable documents if the same is to be registered you will also require a POA on his behalf. If your father had his POA then there is no issue.
GPA deed stands automatically revoked on the death of the power agent/holder, hence you may have to approach MHADA for further formalities in this regard.
If his name is in the share certificate, then the property shall devolve on all his legal heirs.
Your mother in law cannot sell the property on her own.
Since the property was sold to your father in law on POA deed, upon his death the property shall revert to the principal/owner, hence he only has to execute a registered sale deed, if he is old and immobile then the registrar can visit his house to get the sale deed executed and registered at his home.
If the first owner is not alive then his legal heirs may be requested to execute the registered sale deed either in your mother in law's name or to anyone in the family.
You can visit the old age home without the knowledge of his nephew also.
If the nephew agrees for this coordination then you may get the property sale deed executed and registered by bringing the registrar to the old age home following the procedures for that.
The society may not do this help to you, it will be your individual property in which society do not have any role to play.
You may follow the procedures as suggested, there is no short cut for this.