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Author Topic: Ratification vs. Release Deed  (Read 1776 times)

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Offline nbothra

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Ratification vs. Release Deed
« on: August 15, 2014, 09:28:00 PM »
I am planning to buy a flat from a builder. Here is the history of the land title and separate versions from my and builder's lawyer:
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 in builder's favor. Else the title is not clear - There is a possibility that 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 version from builder's legal team.

Thanks in advance.
NK
« Last Edit: August 15, 2014, 09:31:55 PM by nbothra »

Offline advabdul

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Re: Ratification vs. Release Deed
« Reply #1 on: August 15, 2014, 09:46:32 PM »
if you have doubts of the lawyers advice consult another lawyer for a second opinion.
since this falls under state subject and i Don't belong to your state I will not comment on it.

But it is always wiser to go by the lawyers advice against builders advice
Advocate Abdul
I am Muslim law Advisor

Offline kphk

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Re: Ratification vs. Release Deed
« Reply #2 on: August 17, 2014, 02:11:37 AM »
Release deed is the right solution for this problem. But then history shows that the property was sold by venkatappa whose title over the said property is unclear. Even if chowma and her children execute a release deed in the builders favour, the question when and how did venkatappa, whose title is unclear, sell the property can be raised at some time in the future. So I suggest u get that clarified.

NOMOS SOLUTIONS :)

Offline kphk

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Re: Ratification vs. Release Deed
« Reply #3 on: August 17, 2014, 02:50:13 AM »
Hi, my suggestion is best don't buy the property.

Offline nbothra

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Re: Ratification vs. Release Deed
« Reply #4 on: August 17, 2014, 03:17:20 AM »
Thanks a lot for providing your suggestion. I am definitely not going for this property as suggested both by my lawyer and yourself. Your opinion has further strengthened my decision.

Thanks,
NK

Offline advocatepavitra

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Re: Ratification vs. Release Deed
« Reply #5 on: August 18, 2014, 02:54:27 AM »
Yes thats the wisest decision never but a property which does bot appear clean in papers.
Madras high Court Advocate

 

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