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Registration of redevelopment House
08-Apr-2023 (In Property Law)
sir , my dad passed away after completion of formalities of our Building entering into redevelopment.Further to it we shifted onto rented House, wherein after compliton of all the legal formalities with the Housing socity the 50% of the ownership was transfered on my name including the share certificate. Now our redevelopment is completed and we are into process of shifting house , but during the registration process I have been adviced that the registration would be done on as per earlier agreement that is it will not be on my name.and they now want me to go through the entire process again and file a sale deed if it has to be partly on my name...I have two question here sir. 1.what is the solution for above . 2. If incase , initially my sister who resides in uttrakhand has couried the NOC stating that they dont need any share, if they now turn up with otherwise how secured am i.. please help & suggest
You can file for a private or succession certificate in the high court stating that u have lost your father and weather he had died with a will it without a will and the legal heirs can give an NOC for the same in the high court, till the time you can produce those documents to the builder
The builder will have to attach those document s with the sale proceeding and I will not have to go through the entire process
The builder will have to attach those document s with the sale proceeding and I will not have to go through the entire process
Helpful?
17+
17+
Adv. Navin Sachanandani
Mumbai | 25+ Answers
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Hi,
The facts stated by you doesnt explain your situation properly. If your father has already entered into a redevelopment agreement which was already registered, you need not enter into any other agreement, if you were named as 50% owner in that agreement. You will have 50% right in the property of your father and proportionate share in your father 50% share as his legal heir, if your father died without leaving a will. The other legal heirs like your sister, will have proportionate rights in the 50% share of your father. To adminster the assets and properties of your father you need to obtain letters of administration in your favour as an administrator from the comptent court depending on the jurisdiction and other legal heirs may/may not give consent to the same and in any event, you will need to distribute the assets and properties after obtaining the letters of administration in your favour as per the laws of succession applicable to you as per your religion.
The facts stated by you doesnt explain your situation properly. If your father has already entered into a redevelopment agreement which was already registered, you need not enter into any other agreement, if you were named as 50% owner in that agreement. You will have 50% right in the property of your father and proportionate share in your father 50% share as his legal heir, if your father died without leaving a will. The other legal heirs like your sister, will have proportionate rights in the 50% share of your father. To adminster the assets and properties of your father you need to obtain letters of administration in your favour as an administrator from the comptent court depending on the jurisdiction and other legal heirs may/may not give consent to the same and in any event, you will need to distribute the assets and properties after obtaining the letters of administration in your favour as per the laws of succession applicable to you as per your religion.
Helpful?
15+
15+
Adv. Rushil Aiya
Mumbai | 100+ Answers
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