• Transfer of my deceased father's property

Our father, who passed away recently intestate, has a property in Hyderabad which he had given to a builder for construction. The builder has asked us to ratify the agreement he had with our father. Our mother lives in India but us, the two children, live abroad and are OCI card holders. We wish to uphold our father’s commitment. But is it legal for us to ratify the agreement with the builder before we transfer the title into our names? What is the procedure for us to transfer the land title into our name? We children being overseas citizens are not entitled to enrol for Aadhar.
Asked 3 months ago in Property Law from United Kingdom
Religion: Hindu

1) what was nature of agreement signed b6 your father with builder ?

 

2) is it registered ?

 

3) on father demise apply for mutation of property in name of legal heirs 

 

4) enclose father death certificate , latest receipt of payment of property taxes 

 

5) if you are unable to come down to India execute POA in favour of mother have it attested before Indian consulate 

 

6) if no objections are received mutation would be done in name of legal heirs 

 

 

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

Suggest you to give power of attorney to your mother alongwith no objection and she will be able to do the work. 

Gopender
Advocate, New Delhi
168 Answers

4.9 on 5.0

See on demise of father you are legal owners of property in this scenario you can mutate the property in your names and can sign the agreement with builder.

You can apply before the revenue/municipal authority for mutation of the property.

You children can send power of attorney in favor of mother for same.

 

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

Agreement is binding on legal heirs. No rectification required. And moreover it will not rectify better addendum to agreement will execute in which father will replace with mother and children. Rest conditions will remain same or mutual change. 

Prior transfer of property in your no name not a condition precedent.

Property will transfer in joint name. Transfer Application will submit in municipal office enclosing death certificate of father and legal heir certificate.

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

Sir/Madam,

To ratify any agreement one has to own the subject property. In absence of a will, no one is the owner (at present), hence can not ratify it. First step is to own the subject property through court. You have not mentioned

1) whether the property is ancestral or self owned/purchased by your father and 

2) it has single owner( your father) or jointly owned by your mother.

Contact a local lawyer, file a succession suit in the district court of the area where the property is situated. Your presence is required in court case, Aadhaar is not mandatory. Documents required for the suit are original registered property documents, copy of death certificate of your father and list of legal claimants & their details along with signature.You will also be required to put advertisement in the local daily (newspaper). You will be required to pay stamp duty in the court itself as decided by the court. Through court the property will be transferred in the name of your mother and two children. this whole procedure might take 6 months approximately.

Once the property is transferred in your name, you all can ratify the agreement made & agreed upon between your father and the builder.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

1. Since you by virtue of law  of inheritance become the present co sharer of the land given to the builder, he requires a fresh power of attorney to continue with the constructions and proceed to sell the flats falling under his allocation.

2. For you there is no need to re transfer the property in your respective names. Only thing you require to do is to apply for mutation of present co sharers.

3. if you have the OCI card , on this basis you can join the sale deed as land owners. 

Devajyoti Barman
Advocate, Kolkata
19515 Answers
277 Consultations

5.0 on 5.0

Hi,

Even you don't own aadhar number, you may get succession or survivors' certificate from SDM of area where your father resided at last. On this basis you may apply for mutation of property on your name. It may take some time. Alternatively, if you face issues in moving to India, you may give power of attorney on the name of your mother duly signed and attested at the consulate of country you are presently residing.

Ganesh Singh
Advocate, NEW DELHI
4398 Answers
9 Consultations

4.5 on 5.0

Please be aware that a land can not be without the title holder so after the death of father the legal hairs will be deemed title holders of the property. So even the title not transferred you can ratify the commitment.

Vimlesh Prasad Mishra
Advocate, Lucknow
6371 Answers
20 Consultations

4.9 on 5.0

You all should first get a legal heirship certificate from the revenue department and after that apply for mutation of revenue records to your names.

Then you people can authorise your mother by a special power of attorney deed to execute all such deeds that are required to be executed jointly, on your behalf also with the developer.

This way the ratification deed for the existing agreement also can be executed.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

1. Yes title of property should be on your name before execution of agreement related to that property.

2. For that you have to be present in India or provide POA to your mother for purpose of transfer the land on name of all legal heirs and rectification of agreement.

Mohit Kapoor
Advocate, Rohtak
7885 Answers
2 Consultations

5.0 on 5.0

1. It is legal to ratify the agreement by Class 1 heirs. Builder is right in seeking ratification of original agreement by Class 1 heirs.

2. You have to apply for mutation in the revenue office.

3. You and your sibling can execute a GPA in favour of your mother to authorise her to ratify the agreement for and on your behalf. The GPA can be attested before Indian Consulate and then registered in India.

Ashish Davessar
Advocate, Jaipur
28564 Answers
835 Consultations

5.0 on 5.0

You can apply for mutation of property in all legal heirs name. Once property mutated you can execute agreement with builder.if you are unable to come you can give POA in your mother favour..

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

1. After the demise of your father,intestate, all his legal heirs including yourself has become entitled to deal with his properties and can jointly enter in to fresh agreement in connection with the property in question.

 

2. For entering in to fresh agreement with the builder or for insisting him to comply with the terms of the agreement already entered in to by your deceased father,  you are not required to get the title of the land transferred in your names.

 

3. Just the legal heir certificate obtained from the ward councilor of your local Municipal Corp[oration is enough to establish your entitlement to deal with his properties present jointly inherited by his legal heirs.

Krishna Kishore Ganguly
Advocate, Kolkata
24025 Answers
659 Consultations

5.0 on 5.0

The contract agreement was with your father. He is no more. You all can't proceed anymore.

File a declaratory suit and make your siblings and your mother a party and after the ownership is transferred to you all then you can sign the agreement.

 

Rahul Mishra
Advocate, Lucknow
7938 Answers
15 Consultations

5.0 on 5.0

Yes if any consideration is taken by the father or your by family from builder. Otherwise if you not commit the agreement if any then builder can initiate legal proceedings against legal heirs of your father

Prashant Nayak
Advocate, Mumbai
18517 Answers
34 Consultations

4.6 on 5.0

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