Advocate Sandeep Raghunath Jadhav

Questions Answered by Advocate Sandeep Raghunath Jadhav

Q: Is it necessary to put all legal heirs to execute relinquishment deed

A Hindu person expired intestate. There is land on his name. He has wife, two sons and two daughters (already married). Family want to transfer the said land in the name of two sons by executing 'Relinquishment Deed' by wife and two daughters. However, the Sub-Registrar insist that the names of all heirs should be recorded on the 7/12 extract of the said land before executing proposed relinquishment deed. However, family want to executive the relinquishment deed before and transfer the land in the name of two sons only. Kindly guide whether it is necessary to have names of all heirs on the 7/12 extract of land mutated before executing 'Relinquishment Deed' in the office of Sub-Registrar.

Advocate Sandeep Raghunath Jadhav answered
yes sir it is legally necessary to mutate the names of all the legal heirs in 7/12 extract and after that you mother as well as your sisters can execute relinquishment deed in your and your brothers favor. there will 2 mutation entry on 7/12 first as a heirs ship and other is registered relinquishment deed.

Q: Property owned by 3 out of which 2 died, how can I sell the property

I have a disputed property and in that there are 3 members shares are there but both the 2 member are now dead and i have the property in my hand for almost 20 years now can i sell it please let me know how??

Advocate Sandeep Raghunath Jadhav answered
you can only sale properties share belongs to you and not other 2 members who was died, if they have any legal heirs then they have ownership right in dead members share so their legal heir can sale the property.

Q: Builder asking for transfer fee when i went to get house registered

I booked a flat 6 years ago which is completed 85 percentage of work till date. Now I want to sell it when I approached builder for my registration he is not ready for registration and on top of it he is asking that I need to give him in writing that I will pay Rs 200 per square feet to him whenever I sell it to someone.

Advocate Sandeep Raghunath Jadhav answered
you may file suit for specific performance in civil court to purchase the flat builder is legally bound to complete the building within 2 years from the date of commencement certificate and obtain completion certificate. in your query you didn't mention whether you make registered agreement with builder

Q: Co-borrower in home loan with father now others are also asking share

Iam a co borrower in home loan with my father.after my fathers death my brothr and sister file suit for equal share. In same property. Hindu

Advocate Sandeep Raghunath Jadhav answered
they can get rights in flat limited to fathers 1/2 share and not in your 1/2 share. you are the 1/2 owners of flat as per sale deed while your father also 1/2 and your brother and sister can only claim 1/2 share in flat as a legal hairs and you as well as your mother also legal heirs so they can get only 25% share in flat if your mother is still alive