Property Query
Querist :
Anonymous
(Querist) 27 July 2011
This query is : Resolved
Mr. X is father of Mr. Y. They both were tenant of house/flat, which was adjacent to each other. A joint redevelopment agreement was entered into between Mr. X, Mr. Y and the builder. In the said agreement, the holding of Mr. X and Mr. Y is clearly stated. Further, it is also mentioned that a single flat equivalent to total holdings of Mr. X and Mr. Y would be allotted in lieu of the original holdings. Accordingly, in the redeveloped property, a single flat has been allotted. However, in the share certificate issued by the Society, the name of Mr. X is only mentioned.
In view of the above brief facts, request your views on following queries:
(a) Who is the owner of the new flat – Mr. X or Mr. Y or both?
(b) Can X and Y be treated as joint owners
(c) If Mr. X wishes to sue the builder (since a lesser space has been provided as against what was promised) can he do so individually or both should file the case together
(c) Can Mr. X gift the entire premises to his other son/daughters. If so, then how would Mr. Y be compensated, since out of the total area allotted, certain portion is in lieu of area forgone by Mr. Y.
(d) What would be the rights of Mr. Y in the property
(e) Can Mr. X mortgage the premises without the knowledge of Mr. Y?
(f) Can this property be treated as “Joint Family Property” / “HUF” property?
(g) What is the legal position of the son before of the property is made Joint Family Property
Thanks in advance
R.Ramachandran
(Expert) 28 July 2011
Based on the information given by you, the following would be the answer.
(a) X lone is the owner of the flat.
(b) No. As already indicated only X is the owner.
(c) If "X" got lesser space than what he was occupying earlier then he can sue the builder. He can do so alone since it was he who is affected with reference to his earlier holding.
(c) Being the absolute owner of the property, X can do whatever that he wants to do with the property i.e. he can gift etc., to anybody that he likes. The question of "Y" getting any compensation does not arise since there is no mention that the flat belongs to both X and Y.
(d) For "Y" there is no right whatsover in the property.
(e) The answer (c) above applies to this question also.
(f) The Answer is absolutely "NO" since it is the private / personal property of Mr. X. It can be treated as joint family property if Mr. X declares so.
(g) Nothing.
Querist :
Anonymous
(Querist) 28 July 2011
Dear Ramachandran,
The answers would still hold good even if in the redevelopment agreement it has been categorically mentioned that Mr. X was holding say 100 sq ft and Mr. Y was holding 200 sq ft. are provided with a single flat of say 300 sq.ft.?
I mean Mr. X is not getting the new flat entirely based on his holding but based on the holdings of Mr. X and Mr. Y together.
Further, there is no other agreement apart from redevelopment agreement which suggests that X is the owner of the flat, except for the fact that Share certificate has been issued in his name.
If just the fact that Share Certificate has been issued in the name of X, Mr. X would be the owner of the property then isnt the Society wrong in doing so. I mean Mr. X cannot be said to be the legal owner of entire flat since Mr. Y had also foregone his share in old property and its share taken together, the new flat has been provided to them.
R.Ramachandran
(Expert) 28 July 2011
The answers would still hold good, for the simple reason, according to you "However, in the share certificate issued by the Society, the name of Mr. X is only mentioned."
Therefore, it is very much necessary for you to take action to get the share certificate suitably modified to include your name also and also to indicate that the share ratio between X and Y is 1:2.
Unless this is done, the answers would hold good.
Assume for a while, If I were to purchase the property, and X sells it to me (you won't even come to know about it), I will be the absolute owner of the said flat and the Society would mutate my name in the records.
