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Author Topic: Property Title  (Read 848 times)

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Offline nbothra

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Property Title
« on: August 04, 2014, 08:59:42 AM »
Property is owned by a lady from her parents. Her husband gets the khata on his name. Then he gives a POA to another person to sell the property, who in turn sells it to a builder. This happened some 10 years back.
Is there a chance that the original owner or her daughters can file a case against the current owner?

Offline advswagata

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Re: Property Title
« Reply #1 on: August 04, 2014, 06:45:34 PM »
You are saying that the wife gave the husband a piece of land that he sold off.

now you want to claim that land.

wow this way nobody can buy property.

not possible at all is the answer

Offline nbothra

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Re: Property Title
« Reply #2 on: August 14, 2014, 09:44:13 AM »
Let me explain in detail. I am planning to buy a flat from a builder and here is the history of the land title:
Rama’s family consisted of his wife Chinamma and his daughter Chowma.  Chinamma pre-deceased Rama and post to the death of Rama (Rama having died intestate) the property fell to the share of Rama and his daughter Mrs. Chowma.

Thereafter, in the revenue records the names of Chowma’s husband Mr.Venkatapa is reflected without any legal handover of the property by her.  Mr.Venkatapa, thereafter sold the property to Mrs. M who sold it to Mr. Builder.

Builder's lawyer now claims that - "In order to ensure better assurance of title to our predecessors in title Chowma w/o Venkatapa and their children have executed registered Deed of Ratification.  The said Chowma and their children have clearly consented that they do not have any right, title or interest over the said Sy. Nos.  They have further confirmed in the same document that our predecessors in title are the absolute owners having all the rights, title, interest and possession with respect to the two properties schedule property. "

My Lawyer says that Ratification Deed is not the right document to fix the issue of husband selling a property originally owned by wife. My lawyer is recommending the builder to get a Release deed from wife, Chowma and all her daughters/sons. Else the title is not clear - Chowma and her heirs can raise a claim to the land any time.

Pl suggest whether to go by my lawyer's suggestion vs. the builder's legal team.

Thanks in advance.
NK
« Last Edit: August 14, 2014, 09:49:20 AM by nbothra »

 

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