Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

I have an apartment in the name of our mother (she passed away 10 years ago). I have three brothers and my father is also no more. We are all senior citizens and do not have any documents to prove we are her legal heirs. We only have her death certificate.

Please let us know how to go about selling this property and/or transferring ownership.

V Radhakrishnan

Chennai

We take it that your mother has not left any Will and the original documents of title are in your custody. Based on the death certificates of your parents, you have to apply for and obtain a legal heir certificate in the office of the tahsildar having jurisdiction over your place of residence. Once the same is obtained, you can deal with the property in any manner you deem appropriate including selling the same to a third party. Should you wish to transfer ownership to one of the four sons, the other three may execute and register either a settlement or release deed in his favour.

Our builder started constructing a four-storey residential complex in 2011. After 25% of th work was completed, the construction stalled and there has been no activity since. When the builder resumed work by September 2018, a legal dispute arose when his customer filed a case against him.

The National Company Law Tribunal promulgated an insolvency resolution on this builder. The issue is to be finalised in 180 days.

Eighteen flat owners have parted with the site and 14 outside buyers have spent heft amounts for booking flats. Is there any solution for our problem?

T.V. Sundararajan

Chennai

Since proceedings before NCLT have been initiated, you may have to file your claim before the Interim Resolution Professional and await the outcome of the proceedings.