Have you inherited an unregistered property from a deceased relative and are looking to transfer it? The Uttar Pradesh Real Estate Regulation Authority's (UP RERA) recent decision could bring relief to those who have inherited an unregistered property from a deceased relative and are now looking to transfer it into their name. As reported by news agency PTI, UP RERA has capped the flat transfer fee for legal heirs at Rs 1,000, putting an end to the hefty charges many were being asked to pay by developers.
According to the 10th Amendment to the Uttar Pradesh Real Estate Regulatory Authority (General) Regulations, 2019, promoters can no longer charge a processing fee exceeding Rs 1,000 if the successor-in-interest is a member of the family of the allottee. However, for those outside the bloodline, the transfer fee has been capped at Rs 25,000.
What This Means for Property Transfer
Let’s decode what this means for someone looking to transfer an unregistered property registered under UP RERA. Under the revised provisions, legal heirs must submit the following documents:
- Death certificate of the original allottee: This serves as proof of the allottee's demise and is the first essential document in initiating the transfer process.
- Succession certificate issued by the sub-divisional magistrate or district magistrate: This certificate establishes your legal right as a successor to the deceased allottee's assets, including the property in question.
- No Objection Certificate from all surviving heirs of the original allottee: This ensures that all other legal heirs have no objection to the property being transferred to you, preventing future disputes.
The amendment was introduced to address several complaints wherein builders were allegedly charging exorbitant fees, sometimes even on a per square feet basis, for transfer of unregistered property, said UP RERA Chairman Sanjay Bhoosreddy, as reported by PTI.
Clarity and Uniformity in Fees
With these documents in place, developers are now bound by the capped fee structure, regardless of the property's size or value. This brings much-needed clarity and uniformity to a process that was previously prone to inconsistent and inflated charges.
For families navigating the emotional and procedural burden of inheriting property after a relative's death, this regulatory change offers a more predictable and affordable path forward. It also reinforces accountability among developers, who will no longer be able to levy fees at their discretion or link them to the size of the property.
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