Continuation : Nov 25, 2021 I "Ashish Bhaskar Patwari" , aged 37 Yrs reside at City Dombivli of District Thane & Taluka Kalyan.My father had purchased the flat which used to be there in area Dattanagar , Ayre Road of Dombivli City. The name of the Building was "Heramb Building". In past few years, the redevelopment project was planned for the same building and the agenda for the same was given by Owner of the Building , Sanjay Gadgil to every flat owner of the Building. The Building was declared as in Danger in year 2018 of Month February. It was demolished in the year 2021 of month August and the certificate for the same is acquired from K.D.M.C. in the year 2021 of month November. When the building was to be demolished , my family was not sent any notice by court and rather the notice was sent to Owner of the Building. I do not know whether the notice was sent to any of other Flat Owner in the Building. My father Mr. Bhaskar S. Patwari did expire on date Sep 29, 2012. The flat was not transferred upon the name of legal heir. In the year 2014, when we had decided to rent the said flat on Leave & License basis , we all legal heirs have signed NOC to allot the said flat to our mother Name Smt. Usha Bhaskar Patwari. The indemnity Bond and Affidavit was signed by my mother for the flat which was to give on rent. In today's date, I and my mother need to surrender from the Redevelopment project because, we do not have sufficient funds to pay for the project. The builder is ready to make agreement with my mother for the sale of above said flat irrespective of the fact that the Building and Flat which was built upon the land does not exists. The consideration which he is ready to offer seems bit lower than the current market rate as per Ready Reckoner value. The builder said that no consideration in the form of black will be received. The lawyer I met said me to to obtain either Legal Heir Certificate from the court or to give written advertisement in the newspaper for obtaining the proof of legal heirs. I inquired from the builder that the project of redevelopment is to start in the end of month May of year 2022. Is it fair to apply for the legal heir certificate when the building and flat i.e. Part of that building holding the flat does not exists or is to go with paper advertisement with description of the previously existed building ? The lawyer said is that it might take 4 months for me to acquire the certificate for the legal heir. Also , his said is that the flat can not be sold until the Development agreement is carried out with owners and builder. Once done with the same , with the help of legal heir certificate , the deed of sale can be executed between builder and mother with NOC obtained from all we legal heirs. While the draft is to get prepare for the deed of the sale , the description of the previously existed property as per my knowledge is required to mention , isn't it ? Do provide me solution for the same.
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On demise of your father your mother you and your siblings are the legal heirs
2) obtain legal heir certificate in favour of mother . You and your siblings can execute consent affidavit
3) legal heir certificate does not mention details of flat or other assets standing in deceased father name
4) it would take 3 months or so to obtain legal heir certificate
5) sale deed should mention that father was owner of flat and on his demise mother has obtained legal heir certificate
is it the requirement of the builder to submit a legal heir certificate?
if the builder is not insisting for the legal heir certificate then why incur unnecessary expenses for the same?
the sale consideration is to be received by your mother since all other legal heirs of your late father have given NOC and relinquished their right in the old flat in favour of your mother
so you can show those relinquishment affidavits to the builder and if he is ok with those then no need to get any legal heir certificate
also even if the old flat is no more, what your mother will be selling would be her rights in the old flat and her consequent right to get a new flat in the rehab building to be constructed by the builder
if the builder is directly agreeable to deal with your mother then i dont think the owner is required and that there has to be a development agreement before your mother can sell her rights
whether or not a development agreement is made between owner and the builder, the builder on purchasing your mother's rights in the old flat will step into her shoes and he will be entitled to the new rehab flat in the new building to be constructed which he can then dispose of in any manner he likes
as the builder will be paying the full amount by cheque your mother will be incurring capital gains tax. so the old flat details have to be mentioned in the sale deed to be signed with the builder
Yes you are right. Its required
The legal heirship certificate is a different subject to that of the redevelopment of your flat which has been demolished now.
You may obtain the legal heirship certificate declaring the legal heirs to your deceased father from the revenue department.
This legal heirship certificate will enable you to claim the redeveloped flat/property without which you may not be recognised as a successor in interest to succeed to the estates your deceased father left behind.
