Guidelines related to conveyance deed if owner has died
15-Jan-2023 (In Property Law)
My flat is in joint name and the first owner has expired. The share of first owner is not transferred in my name as the WILL is pending for probate. Society is progressing Conveyance Deed with details of earlier flat owner from whom the flat was purchased. Is it correct ?
A ‘conveyance deed’ or ‘sale deed’ implies that the seller signs a document stating that all authority and ownership of the property in question has been transferred to the buyer. It is required to contain the following: • Defined demarcation of the boundaries of the property • Other rights (if applicable) annexed to the property and its use • The chain of title i.e. all legal rights to the present seller. • The method of delivery of the given property to the buyer. • A memo of the consideration, stating how it has been received • Any other terms and conditions that are applicable as far as the transfer of ownership rights are concerned. Once the conveyance (or sale) deed has been executed on non judicial stamp paper, it needs to be registered. This can be done by presenting it at the Registrar’s office, and remittance of the registration fee. Once the registration is done, the transfer moves into the public domain. The Government obtains its revenue in the form of Stamp Duty and Registration Fees, and at this point the process of conveyance is officially over.
The share of the expired owner will be executed as per his will however, if the society progresses the said conveyance deed you have to file a civil suit for execution of such will.
The share of the expired owner will be executed as per his will however, if the society progresses the said conveyance deed you have to file a civil suit for execution of such will.
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As first owner is expired then you need to take no objection certificate from the legal heir of the deceased.As first owner is expired then you need to take no objection certificate from the legal heir of the deceased.
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