Legal Question in Real Estate Law in India

Dear Sir,
My Unmarried Brother working with a Pvt. Company died due to illness last year.
Prior to his death,he has Booked a Flat in His Name from a Pvt. Builder in NOIDA & had taken Loan for financing the Flat & was paying EMI for the same.
The Builder himself was developing Property on 90 years lease.Under the Builder-Buyer Agreement on Rs.100 stamp paper(Not Registered with Sub-Registrar),
regarding Terms of Allottment,the Builder had assured handing over possession of Flat after completion of Flat,which will be completed in 2014.The Property had to be registered with Sub-Registrar after getting possession,ie Sub-Lease Deed had to be executed in my brother�s name.After his death,My Mother paid all Outstanding Loans of Bank & got NOC from Bank.The Builder is asking for a Succession Certificate/Unregistered or Registered Will/Legal Heir Certificate to get the Allottment of Flat Transferred in Mother�s Name.
I consulted a Lawyer who said,
1-Succession Certificate is for Movable assets Only,so it will Not Make Sense.
2-Fortunately,my brother had Executed a Will in Favour of His Mother.But The Lawyer says,Since the Deceased was not Absolute Owner of Property at the time of making Will or at the Time of His Death & hence cannot Bequeath it to Mother.
My Father is ready to give NOC to Builder,but Builder is Reluctant saying if allottment of Flat gets transferred in Mother�s name in a Invalid Way,The Noida Authority may create hurdles at the time of Registraton of property in Mother�s name & may impose a hefty penalty on both builder & Buyer.Kindly Guide as how to come out of this Puzzle,as Mother is already disturbed a lot after this Unfortunate Death.
Awaiting Good Guidance
A Human Being in Distress

Asked on 6/25/12, 2:13 pm

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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succession can be obtained even for immovable property. the second point also doesn't hold water as the will is valid as he intended to pass on ownership rights after his death. you may directly go to greater noida authority and get detailed procedure of transfer of flat. you may also invoke the provisions of RTI.

Answered on 6/26/12, 1:34 am

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