Legal Question in Landlord & Tenant Law in India

Hello Sir,

My father had purchased flat 12 years ago from his friend. He had paid all the EMI's . He had done Agreement of sell but not done the registration.

My father Expired now we want to sell property. But as it's not registered under his name we are not able to do that & 1st Owner demanding heavy money to do registration. Could you please advise what I can do in this situation as I don't have money to pay him. We have all receipts of property tax paid by my father it's on his name and we also have meter with our name. Please advise the way

Asked on 8/26/13, 3:33 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP


Dear Sir / Madam,

There are two alternatives for you :

a) Get the property registered first in the name of your mother in whom it vests, by completing the prevailing registration formalities as prescribed by the Tahsildar / District Registrar and submitting your father's Death Certificate thereto before selling it or;

b) Applying to the Metropolitan Magistrate Court for a Succession Certificate (which is issued by the concerned Court within three months) of all the legal heirs, so that the property is first transferred in the name of your mother in whom it vests, before selling it.


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Answered on 8/26/13, 8:52 am

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