No legal heirship can be issued by Thasildar office in some cases and by court in other cases
To seek advice for the deed of sale of previously existed flat
Continuation : Feb 1, 2022 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, me 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. My question for the todays date is that , does the legal heirship certificate issued via lawyer by giving advertisement in paper is valid till date ? How much days does it take to prepare the certificate of legal heirship for the lawyer after advertisement is given in newspaper ? Apart from this , since the flat in the Heramb Building premises constructed upon the land does not exist , can the agreement be carried out upon the base that we all heirs have legal rights upon the land where "Heramb Building" was situated in past few months after legal heirship certificate is acquired from the lawyer ? This is because the certificate I have received from KDMC office state that during the redevelopment of the project , the legal rights associated with the owner of the flat will remain intact. Please do reply this answer as soon as possible.
Asked 3 years ago in Property Law
Religion: Hindu
6 Answers
10 you should apply for and obtain legal heir certificate in name of your mother from district court
2) other legal heirs can file consent affidavit
3) it would take at least 3 months
4)your agreement with builder would mention that father died intestate that mother has obtained legal heir certificate that she is willing to surrender her right , title , interest in the flat to be constructed on redevelopment
1. A legal heir certificate issued by lawyer in not valid but if all the legal heirs give their written consent for transfer of land there will not be any problem. 2. A sale deed can be registered for which flat is not in existence but will be constructed in future.3. Sale deed will have a clause that as and when flat is constructed it will be transferred to builder/purchaser. There is no problem in executing such sale deed. This is known as contingent transfer of property.
your question is a mess
there is a building owned by somebody and the flats in it are owned by various flat owners?
i dont understand what that even means
it appears that the flats were held by tenants
after the demise of your father, any of his legal heir can apply to the court to obtain a legal heirship certificate
such a certificate cannot be granted by any lawyer
if the builder who is paying you is ok with the public notice only then well and good. you will save costs for obtaining the legal heirship certificate
you can negotiate with the builder to pay you more. because when you give up your rights in the old flat in favour of the builder, the builder will be entitled to the new rehab flat in place of the old flat, whose value would be much higher than the old flat
The legal heirship certificate will be issued by the revenue department/tehsildar.
The newspaper advertisement if not necessary for obtaining legal heirship certificate.
As legal heirs to your deceased father, you people are entitled to a flat in the redeveloped property
If you are satisfied with the amount given by the developer in lieu of the flat then what is stopping you from going ahead.
Dear Client,
To get your legal heir certificate, you must reach out to the respective area’s Taluk Tehsildar or corporation/municipality office or the district civil court.
Thank You.
