Legal Question in Real Estate Law in India

SIR,

i being the second joint holder in the flat and my mother the first holder expired few years without any will .now the second legal heir my elder brother released all properties by making the RELEASE DEED including the said flat in my favor as i have very good relations with him.the society has also completed the formalities like deletion of my mothers name in the records and transferring the share certificate in my name.now my query is

1) CAN I SELL THE FLAT AS THE SOCIETY PROCEDURE PLUS THE NAME CHANGE PROCEDURE IN THE METER AND PROPERTY TAX BILL IS ALSO COMPLETE

2) CAN THE BUYER OBTAIN A LOAN IN THE FLAT ,OR CAN THE BANK DISBURSING LOAN RAISE ANY OBJECTION LIKE THE LEGAL HEIR CERTIFICATE IS NOT MADE


Asked on 11/02/12, 8:25 pm

3 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

The answers to your questions are here in below for your perusal :-

1) YES

2) No and one more thing you dont need a succession certificate because your flat is not a moveable property .Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 11/04/12, 11:24 pm
Shrichand Nahar S.V.Nahar, Advocate

1. Yes

2. Buyer can obtain loan. Different banks may raise different queries. However, if duly registered Release Deed of all other legal heirs of your deceased mother is there, then there may not be any problem.

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Answered on 6/24/13, 4:11 am


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