Legal Question in Real Estate Law in India
Dear Sir,
my father purchased a home years back in a "pagdi system". In 1982, a common agreement was made for all the members in society & share certificates where given to each members. Now, The tenants were the owner of the society. Now, in current, we want to sell our flat.
My questions are :
1. Can we sell the flat without any purchase agreement with us?
2. We have the copy of common agreement & original share certificate with us, which we can transfer to purchaser's name.
3. what other things we have to do for same?
1 Answer from Attorneys
1. For ownership, one need some title deed.
2. In case ownership was transferred to a society, then that can be regarded as title deed.
3. If society is owner of land and building and you are occupying a flat/premises by virtue of your membership of the society, then you can transfer the flat/premises with shares of the society to any person entitled to become member of the society. Check bye-laws of the Society for this purpose.
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