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Bought flat without registering it
16-Sep-2024 (In Property Law)
Hi,
My mother bought a flat 10 years ago. But she had not not done the property registration. And unfortunately seller passed away 2 years ago.
- We bought it on notary sale paper.
- Electricity bill is on my mothers name
- Property tax, water tax is not on my mothers name
Now we want to do property registration on my mother's name. What would be the process?
In your situation, since the flat was bought on a notary sale paper and the seller has passed away, the property is not legally registered in your mother’s name yet. Here’s a practical approach to resolving this:
First, check whether the seller’s legal heirs are available. You will need to get them involved in the property registration process. The legal heirs should provide a consent letter or execute a sale deed in your mother’s favor, confirming the sale made by the deceased seller. Once this is done, you can proceed with property registration at the sub-registrar’s office.
Ensure that all dues like property tax and water tax are updated. You can approach the local municipal office to request a name change for the property tax and water tax, providing documents like the electricity bill, notary sale paper, and legal heir consent.
If the legal heirs are not cooperative or there is a dispute, you may need to approach a civil court to file a suit for specific performance, requesting the court to order the legal heirs to complete the registration.
Lastly, you should pay the necessary stamp duty and registration charges as per the current market value of the property to complete the registration process. Consulting a lawyer specializing in property law will help guide you through the steps and ensure the process is handled legally.
Helpful?
Adv. Rohan Venkatesh Yemul
Mumbai | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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