LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

My mother has a flat in Delhi and wishes to sell it, how­ever she re­sides in Chen­nai and is un­able to travel to Delhi. She wants me to ex­e­cute the sale for her, can I do so?

– Astha Subra­ma­niam Yes, you may carry out the sale of your mother’s flat on her be­half. For this, she must ex­e­cute a power of at­tor­ney ap­pro­pri­ately stamped and reg­is­tered specif­i­cally au­tho­ris­ing you to do so. We are a Hindu fam­ily. My fa­ther made a will but did not name an ex­ecu­tor. Now my fa­ther has passed away, who will be the ex­ecu­tor of my fa­ther’s will?

– Sa­gar Sharma As your fa­ther has not named an ex­ecu­tor of his will, as a lega­tee you file a pe­ti­tion for grant of letters of ad­min­is­tra­tion to the ap­pro­pri­ate court for an ex­ecu­tor to be ap­pointed. The con­struc­tion of the apart­ment I booked with a prom­i­nent builder in Noida is com­plete and due for pos­ses­sion as per the buyer’s agree­ment. Due to the Na­tional Green Tri­bunal Or­der, the builder has not re­ceived the com­ple­tion cer­tifi­cate. Now, he is ask­ing buy­ers to take pro­vi­sional pos­ses­sion. Should I go ahead and take it?

– Tara Mathia As per the Ut­tar Pradesh Apart­ment (Pro­mo­tion of Con­struc­tion, Own­er­ship and Main­te­nance) Act, 2010, for hand­ing over pos­ses­sion, the pro­moter/builder is re­quired to ob­tain com­ple­tion cer­tifi­cate from the con­cerned au­thor­ity and ex­e­cute a trans­fer deed in your favour in or­der to be able to hand over pos­ses­sion. Our residential home in Delhi was ear­lier in my fa­ther’s name and af­ter his death my mother be­came the sole owner of our residential home. My mother died last month and through her will she be­queathed the house in my favour. Now, how do I get the house mu­tated in my name in the records of mu­nic­i­pal author­i­ties. Just to clar­ify, I am the only child of my par­ents?

- Sm­riti Gu­liani To get the prop­erty mu­tated in your name, you need to ap­ply to the mu­nic­i­pal au­thor­ity by fill­ing the re­quired form/ap­pli­ca­tion and sub­mit­ting req­ui­site doc­u­ments such as mother’s death cer­tifi­cate, ti­tle doc­u­ment in favour of mother, copy of will, upto date prop­erty tax re­ceipts, indemnity bond etc. along with ap­pli­ca­ble fees.

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