Can I sell the house if share certificates are transferred in my name ?

POSTED BY dhiraj_S ON January 14, 2014 9:14 am ONE COMMENT

My Dad bought a property in 1996 in Thane, Maharashtra. He got it registered and paid the stamp duty.

He died without writing a will in 2000. However, in the records of the society he had made nomination in the name of my mother, my elder brother and myself. each having 1/3rd nomination.

My father has only two kids my elder brother and me. We are Hindu by religion.

In 2001 my mother also died without writing any will.

In 2012, I got an NOC (duly notarized) from my elder brother relinquishing all his rights in the property. We has signed indemnity bond indemnifying the members of the committee of the society. Me and my brother have also signed an affidavit before the housing society. I have placed an advertisement on behalf of the society as well.

The society has transferred the share certificate in my name now.

I have the following documents

1. Original death certificate of my dad

2. Original death certificate of my mother

3. Original agreement dated 1996 when my father bought this property from XYZ.

4. Original share certificate, off lately in my name.

5. Copy of Duly notarized NOC cum deed of declaration signed by my elder brother relinquish all his rights in the property

6. Copy of duly notarized affidavit signed by my brother and me

7. Duly notarized indemnity bond provided to the signed by the nominees

8. a newspaper advertisement published by me on behalf of the society.

It has been more than 20 months since the society has transferred the share certificate in my name. Does this make me the owner of the property now? Can I sell this property ?

If no, what should I do now to become 100% and absolute owner of this property?

One reply on this article “Can I sell the house if share certificates are transferred in my name ?”

  1. ashalanshu says:

    Dear Dhiraj, from the info provided by you, your ownership is 100% now. Still if you want to be safe, please discuss the matter with an advocate in your area.

    Thanks

    Ashal

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