Property papers
virendra
(Querist) 14 August 2012
This query is : Resolved
Hi Sir,
This is virendra kumar singh and i got a flat from my father who had compleat funded in the name of mine ( ragistry in the name of mine) but due to some family desputes all original papers with my father.At the time of possesion my parents lived with me but due to desputes Now my father & mother staying with my brother. Now he is not ready to handover all the original papers and i want to sell my flat.. So i want to know how can i get my original papers from my father ? Can i go through legal complaint against my propery? please support and suggest me..
N.K.Assumi
(Expert) 14 August 2012
Dear Virendra Kumar Singh, property funded by your father in your name: dispute arise and your father and mother residing with your other brother, and he is not ready to hand over the papers. You want to complaint against your property, which means against your father. Better talk with your father and win his confidence, in spite of fighting against him, after all it is his money the flat was purchased, and he may change your name from the property. Remember that at the most you are only his nominee in the property.
virendra
(Querist) 14 August 2012
No Sir Am not only nominee.. am the owner of said property ( Cash Payment ) but yess father had finance to me but ragistry in the name of mine..its was new flat purchased in the name of mine.. my father & mother living with my brother..
adv. rajeev ( rajoo )
(Expert) 15 August 2012
I think it is already answered. You can follow the advise of M.Sheik, I think he is also answered your question.
prabhakar singh
(Expert) 15 August 2012
I could not lay my hands here on M.Sheik's advise.
True you are owner but you do not possess the
original sale deed /and/or share certificates of your flat.
The only option you have to report a loss of those with police and publication in widely circulated news paper,and on basis of which seek issue of duplicate hare certificates from society and obtain a certified copy of sale deed from sub registrar's office.Doing this shall make you able to transfer your flat.Suing your father for a mandatory injunction order to deliver those papers shall fail if he denies that he does not have them.
Hemant Agarwal
(Expert) 16 August 2012
Very Sound & Logical advise by Adv. Prabhakar Singh.
OFF-THE-COURSE:
You may arrange to claim that you have documentarily paid back Cash money to your father, over the period of years (after the date of purchase agreement), which in effect will nullify the fathers cheque payment criteria and will also nullify the claim on the property by other family members of your father.
Till you do not allow any one else to fully / partly occupy your flat, you are 100% safe and sound. Make provisions for the future.
Keep Smiling .... Hemant Agarwal
virendra
(Querist) 16 August 2012
I have certified copies of all the documents but am facing to sell my flat in the absence of original... I want to know that (1.) can i sell my flat throgh certified copy of original document after make a complaint of missing document in police station and get NCR copy...(2.) i have ryt to get my original papers from my father...?
virendra
(Querist) 17 August 2012
I have certified copies of all the documents but am facing to sell my flat in the absence of original... I want to know that (1.) can i sell my flat throgh certified copy of original document after make a complaint of missing document in police station and get NCR copy...(2.) i have ryt to get my original papers from my father...?
virendra
(Querist) 17 August 2012
Reply Awaiting
RAJU O.F.,
(Expert) 20 August 2012
Better reconzile and compromise with your beloved parents who had paid the money for the flat in your name and with their blessing sell the flat on obtaining the original documents from them. Even otherwise, if the flat is registered in your name, with the certified copy of the title deed, you can sell the flat.
