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Author Topic: Nomination of flat under construction  (Read 726 times)

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Offline swalka29

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Nomination of flat under construction
« on: October 15, 2015, 09:08:45 PM »
Hello,
I have bought a flat in ulwe, dist raigad, Maharashtra. The flat is under construction and near compleition with 95% payment done by me. The flat is registered in my father's name. Since the flat is under contruction and society is not yet formed and also will take atleat 5 years to form. I would like know the procedure to nominate myself as the legal hire of the said flat. I want to avoid re-registration procrdure for joint ownership.
Thanks

Offline adv.amarnath

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Re: Nomination of flat under construction
« Reply #1 on: October 16, 2015, 02:27:08 AM »
There is no such provision of legal heir documents in law. If your flat is already being registered (Deed of Conveyance) in your father's name. Then on his demise you along with your other siblings and your mother will be joint owner of that flat. This is general law of Hindu Succession.

But if you want to secure your flat after your father's demise then your father have to execute a WILL in your favour or he can make a Deed of Gift in your favour. In case of WILL you may have to face legal hurdles and may be challenge by other legal heirs whereas in case of DEED of GIFT, you will be the owner on the date of its registration and it is unchallengeable and irrevocable.

For further clarification and consultation in details you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline swalka29

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Re: Nomination of flat under construction
« Reply #2 on: October 16, 2015, 03:07:47 AM »
Thanks a lot
Just a doubt
If the flat is under construction and society is not yet formed is the gift deed still the best option that we can go ahead with?
Thanks

Offline adv.amarnath

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Re: Nomination of flat under construction
« Reply #3 on: October 16, 2015, 05:51:08 AM »
I do not know whether the flat has been registered in your father's favour or not? If it is registered then it is a blunder on your part to registered it without completion and possession certificate. I am afraid that you have confused with Agreement for Sale and/ or Deed of Conveyance.

It will be more perfect if you send me a softcopy of that document by which you are claiming that your father is the owner for detail consultation and advice, so that you will take necessary steps accordingly.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline swalka29

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Re: Nomination of flat under construction
« Reply #4 on: October 16, 2015, 10:29:06 AM »
Sure Sir I will mail you the documents on ur mentioned email I'd
Thanks again

 

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