• Registration of a Flat from legal heirs after owner's death

I have booked a new completed flat [with cc (completion certificate)] under Kolkata Municipal Corporation, Kolkata. An unregistered agreement (on Rs. 10/- Stamp Paper) has been made on 15/5/2019 between the owner of the flat and me. I have given Rupees 600000/- to the owner as an advance, which is mentioned in the agreement. The registration of the flat has not been made due to operation and illness of the owner and also myself so far i.e. the registration of the flat has not been made within stipulated time of 60 days from the date of agreement mentioned in the agreement. No one of us i.e. the owner of the flat and I has made any official communication for the delay of the registration or for illness. Recently the owner has died. Legal heirs of the owner are his wife, one daughter and one son (daughter and son both are adult and the son has been serving and residing in Canada from 2009). No will has been made by the owner and the property is solely in the name of the owner. In this situation my questions are :
1. What are the legal procedures , if I want to purchase the flat from the legal heirs i.e. what legal steps are to be taken by the heirs to sell the flat to me? 
2. If I do not want to purchase the flat, then what are the procedures to get back the money paid as an advance to the owner?
Asked 3 years ago in Property Law
Religion: Hindu

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9 Answers

1) legal heirs have to execute registered sale deed in your favour 

 

2) ask the legal heirs to refund advance money paid by you if both don’t want to proceed further 

Ajay Sethi
Advocate, Mumbai
89848 Answers
6516 Consultations

5.0 on 5.0

The legal heirs have to obtain the death certificate of the deceased owner and then obtain a legal heirship certificate from the revenue department to ascertain the legal heirs.

After that all the legal heirs should execute a registered sale deed in your favor jointly.

If one of the legal heirs is residing outsider the country and not able to visit indie for this purpose then he can send a GPA deed duly notarised by a notary of that country and send it to his relative back in India who shall execute the sale deed on his behalf.

If you do not want to purchase the property then you can demand return of money from the legal heirs, since it is an unregistered sale agreement, it can be considered as a receipt for the money received from you, and as the proeprty is existing, the legal heirs cannot refuse to return your money if court passes an order to return the money or to execute a registered sale deed in your favor.

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

You can execute a sale deed from the legal heirs along with indemnity bond and register the same. You can make all legal heirs confirming parties in the same

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

1. Legal heirs first need to mutate the property in government record in their name after same they need to make a sale deed in your favor.

2. See you can file a suit before civil court for specific performance seeking alternative relief of refund of amount along interest. In suit make legal heirs party see court may pass an order to transfer flat in your name though if legal heirs agree to refund they may do same in the suit.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

All the procedure will be followed as per the terms and conditions stated in the sale agreement.

Avik Ghosh
Advocate, Kolkata
6 Answers
1 Consultation

4.8 on 5.0

You have all the rights to seek specific performance by the legal heirs of the deceased through court. Consult and engage a local prudent lawyer for better appreciation of facts, analyse, guidance and proceeding professsionally.

Mohammed Mujeeb
Advocate, Hyderabad
19036 Answers
32 Consultations

4.5 on 5.0

1. The Residual Legal Heirs of the deceased Owner, can execute a Registered Sale Deed with strategic clauses, with mutual & joint signatures of all the three legal heirs by compulsorily signing as "Consenting & Confirming parties", in the Sale Deed.  No further documentations etc.... are required.

2. The Privily of Contract was with the Owner and the Legal Heirs have stepped into the Shoes of the Owner.  Hence you can file Money Recovery Proceedings, in the local Civil Court, against all the residual legal heirs of deceased owner, supported by all relevant documentary evidences and witnesses. 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Now Legal heirs will execute sale deed. Son can give POA to mother/daughter to execute sale deed. But you have defaulted in executing sale deed within 60 days and no official extension permitted by seller. So ask them to exectue sale deed and if denied, file suit of specific performance.

Or demand refund for their father failure to execute sale deed in given time. AOS is binding on his legal heirs.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Presence of all legal heirs or their POA for purpose of registration on your name. 

2. They will be needing legal heirs certificate issued by tehsildar.

3. If you do not want to go ahead with deal then you need to send a notice to legal heirs for refund of money paid to owner if they refuse to pay the money back then you have to file recovery suit against legal heirs of deceased owner.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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