Mother is not the sole owner she only has one fourth share in flat
her 3 children have not executed any registered relinquishment deed or gift deed for their share in flat
mere NOC does not make mother sole owner of flat
Inherited property going for redevelopment
Mr A owns a flat in housing society in Mumbai. He expired without will. His 2 sons and a daughter gave NOC on stamp paper for making their mother a member of housing society. NOC is not registeted. Is the mother the sole owner or all 4 legal heirs have 25% share in the property ? Now the society is going for redevelopment. The PAAA will be signed in mother's name. Will mother be the sole owner after PAAA ?
Asked 5 hours ago in Property Law
Religion: Hindu
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5 Answers
After A's death without leaving a Will, his estate automatically devolved on all the four legal heirs in equal measure. Each shall be legally entitled to a one-fourth undivided share. The two sons and the daughter have to jointly execute and register a deed of relinquishment in favour of their mother releasing their respective shares. Then only can the mother proceed to execute a PAAA with the society for redevelopment. A mere NOC shall not legally suffice. In case A's mother is alive, she shall also inherit an equal undivided share in A's estate.
Is property document required , incase the 2 sons and the daughter decide to go for a registered relinquishment deed ..... the society building was built by the founder members, hence there is no sale deed or sale agreement. Which can be used for registration.
Asked 5 hours ago
The original share certificate and the allotment letter issued in A's name by the society will be good enough to produce before the sub-registrar for registering the deed of relinquishment.
The mother is the society member....is it possible for mother and daughter to sign the relinquishment deed in favour of the 2 brothers ?
Asked 5 hours ago
If the original allotment was in A's name, he was the legal owner, and not the mother, though she may be a member. Please state all the relevant facts clearly for a proper advice.
Allotment letter and share certificate is in A's name..After A has expired, the mother is the current member of the society , as per NOC given by other legal heirs...Mother's name has been entered in the share certificate....mother and daughter want to sign the relinquishment deed in favour of the 2 brothers.....will mother cease to be a member of society , once the relinquishment deed is signed ? Should this be brought to the notice of the society ?
Asked 5 hours ago
The mother being a society's member by virtue of the NOC shall not alone entitle her to be the sole inheritor of A's estate legally. Please go by my earlier advice. Also, please note that any legal heir/s may relinquish their share in favour of the other legal heir/s.