If you are stuck in such a situation, here is what to do.

Mr. Sameer Verma and his wife, Mrs. Anita Verma, jointly purchased an apartment from a well-known builder, “Prestige Homes Ltd.” They had signed the Agreement to Sell and paid a significant portion of the consideration. Tragically, before the final sale deed could be executed and the property registered, Mr. Verma passed away unexpectedly. Their son, Rohan, is now faced with the complex task of completing the registration and is unsure about the legal standing of his paternal grandmother and how the title will be finalized.

Advice in such cases

When a co-owner of a property passes away before registration, the path forward depends on the nature of the joint ownership and the cooperation of all parties involved.

• Review the Agreement to Sell: The first step is to carefully examine the Agreement to Sell signed with the builder. It may contain a clause specifying the procedure in the event of the death of one of the buyers.
• Determine Ownership Type: In India, joint ownership is typically either “joint tenancy” or “tenancy-in-common.” In a joint tenancy, the deceased’s share automatically passes to the surviving joint owner(s) (the principle of survivorship). In a tenancy-in-common, the deceased’s share does not automatically go to the survivor but is passed on to their legal heirs as per their will or the applicable succession laws. Most agreements in India are interpreted as tenancy-in-common unless explicitly stated otherwise.
• Obtain Death Certificate: The official Death Certificate of the deceased co-owner is a mandatory document for all legal and procedural formalities.
• Identify Legal Heirs: As per the Hindu Succession Act, 1956, for a Hindu male dying without a will (intestate), his Class I heirs include his wife, his children, and his mother. Therefore, Mr. Verma’s mother (Rohan’s grandmother) is a legal heir to his share of the property.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This situation is governed primarily by civil laws related to property and succession.

• The Registration Act, 1908: Section 17 of this Act makes it compulsory to register any document that creates, declares, assigns, limits, or extinguishes any right, title, or interest in immovable property valued at more than one hundred rupees.
• The Indian Succession Act, 1925: This Act governs how the property of a deceased person is distributed among their heirs, either through a will (testamentary succession) or in its absence (intestate succession).
• The Hindu Succession Act, 1956: This law specifically defines the legal heirs and their respective shares for Hindus, Jains, Buddhists, and Sikhs who die without a will.
• The Transfer of Property Act, 1882: This Act provides the legal framework for the transfer of property between living persons and includes provisions related to co-ownership.

If you are the complainant

If you are the surviving co-owner or the heir trying to complete the registration, follow these steps:

• Gather all documents, including the original Agreement to Sell, all payment receipts, and correspondence with the builder.
• Obtain multiple certified copies of the Death Certificate of the deceased.
• Create a list of all Class I legal heirs. In this case, it would be Mrs. Anita Verma (wife), Rohan (son), and Mr. Verma’s mother.
• Approach the builder/seller with the Death Certificate and request them to execute the Sale Deed. The deed will now be in the name of the surviving owner (Mrs. Verma) and the legal heirs of the deceased (Mrs. Verma, Rohan, and the grandmother), corresponding to their respective shares.
• Alternatively, if other legal heirs (like the grandmother and son) wish to give up their share in favour of the mother, they can execute a Relinquishment Deed (which must be registered). The Sale Deed can then be executed solely in the mother’s name.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

In this context, being a “victim” means facing obstacles from the builder or disputes among family members.

• Secure all original property documents immediately to prevent misuse.
• Send a formal legal notice to the builder, informing them of the death and expressing your intent to proceed with the registration with the inclusion of all legal heirs.
• Do not make any further payments or sign any new agreements without legal counsel.
• If the builder refuses to cooperate or demands unreasonable fees, your legal remedy is to file a suit for specific performance of the contract in the appropriate civil court.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police have a very limited role in such matters as they are purely civil in nature. Property registration, succession, and contractual obligations fall under the jurisdiction of civil courts. The police will not intervene in a dispute over who should be on the sale deed or force a builder to register a property. Their involvement would only be warranted if there is a criminal offence, such as forgery of documents, criminal intimidation, or cheating, as defined under the Bharatiya Nyaya Sanhita (BNS). In such a scenario, an FIR can be lodged, but the civil dispute regarding the property title will still need to be resolved in a civil court.

FAQs people normally have

• Will the final registration be just in my mother’s name?
  Not automatically. It depends on the legal heirs. Mr. Verma’s 50% share in the property right will be divided among his Class I heirs: his wife, his son, and his mother. For the property to be registered solely in the mother’s name, the other heirs (son and grandmother) would need to legally relinquish their shares in her favour through a registered Relinquishment Deed.
• Does my grandmother have a legal right?
  Yes, absolutely. The mother of a deceased Hindu male is a Class I heir under the Hindu Succession Act and has an equal right to his property as his wife and children. Her consent, in the form of a No-Objection Certificate (NOC) or her inclusion in the sale deed, is necessary for a clear title.
• What if the builder creates problems?
  If the builder refuses to execute the sale deed in the names of the surviving owner and legal heirs, the family can file a “suit for specific performance” in a civil court, compelling the builder to honour the original Agreement to Sell.

What evidence is required?

To proceed with the registration, you will need a comprehensive set of documents:

• The original Agreement to Sell.
• All receipts for payments made to the builder.
• The Death Certificate of the deceased co-owner (Mr. Verma).
• Identity and address proof of the surviving co-owner (Mrs. Verma) and all other legal heirs (Rohan and his grandmother).
• A Succession Certificate or Letter of Administration may be required by the Sub-Registrar in some cases, although often an affidavit with NOCs from heirs suffices.
• A registered Relinquishment Deed, if any heir is giving up their share.

How long will the investigation take?

This is a procedural matter, not a criminal investigation. The timeline varies greatly:

• Amicable Scenario: If the builder is cooperative and all legal heirs are in agreement, the process of preparing new documents and getting the Sale Deed registered can be completed within a few weeks to a couple of months.
• Disputed Scenario: If there is a dispute with the builder or among the legal heirs, the matter will have to be resolved in a civil court. A suit for specific performance can be a lengthy process, potentially taking several years to reach a final decision.

Advocate Sudhir Rao, Supreme Court of India