Legal Question in Real Estate Law in India

we stay in malad mumbai..my father expired on 26th july 2013

and when i went in society office for transfer of name of flat they told our papers r not complete and we found that there were no papers except share certificate. we are staying from last 30 years..

and all bill are in the name of my father.. now i want to transfer it on joint name of my mother and mine... and also want to take mortgage loan on this flat..so what do i do now


Asked on 11/08/13, 5:10 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

if there are no other papers, society still cannot refuse to substitute the names of all legal heirs jointly. So, in this case, if you and your mother are the only legal heirs, you apply for substitution by filing an affidavit of legal heirs and an indemnity bond to enable the society to transfer it in joint names of your mother and you. Once the transfer takes place, you need to take permission from the society to take loan or mortgage the property. After that you may raise the loan be it may in single name or in the joint names.

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Answered on 11/08/13, 10:07 am


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