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What to do when seller of property does not have all the documents?
24-Oct-2023 (In Property Law)
I am planning to outright a flat in a 25 year old building in mumbai borivali however the owner of the flat is deceased and his son now willing to sell the flat but as this is a 25 year old property he do not have sales deed nor an agreement however he has a share certificate on his own name and a society NOC also a copy of allotment letter in his father's name, I want to know if I should proceed further to outright this property
First enquire in the society for the agreement, sale- deed. That might give you details of the said flat. The property being in the name of the father the sub- reg. may ask for heirship certificate, or ask whether affidavit of legal heirs will do.
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Adv. Kavita Kulkarni
Pune | 100+ Answers
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Check any redevelopent agreement is agreed with between soceity and builder , Share certificate n noc is not enough u check other family legal heirs may be siblings and also verify transfer documents from soceity for same then u can proceed further
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Adv. Chaitali Jani
Mumbai | 25+ Answers
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At first you should avoid buying such property, but if you are getting at a very good deal and you wish to buy that property then there are many precautions which you need to take. Give a public notice regarding this property and also take a property search. Also check whether the owner of property has made any WILL before death or has died without WILL, accordingly you need to take necessary steps. Only if the Son establishes his ownership over the property you can sign Sale Deed and also take Indemnity Bond from him. For further assistance you can call me and take my appointment.
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Adv. Bankim Mehta
Mumbai | 200+ Answers
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