Please suggest !!
Kalyan Datta
(Querist) 07 September 2013
This query is : Resolved
There is a property located in refugee colony he property had an allotment letter issued by GOVT OF WEST BENGAL 10 years ago and a deed of gift. The owner passed away few years back leaving the property undivided. Now the property (Land) has been restructured by a developer with a S+3 building. The developer (as per agreement) holds the entire ground floor and half of the top floor for selling purpose. The rest portion of the building will be of the owners.The developer also holds selling power of attorney. The property had 17 owners, out of which 8 owners will occupy the room, rest 9 owners have been settled with cash by the developer/8 owners and had given NOC. Now one of the 8 owners wants to sell the flat (his part)and by which approaches to me. There is no such registered partition deed of the property. Only they had mutually partitioned the remaining property and having no such written records. Kindly suggest if I purchase one apartment out of this building, will my part will be registered in the GOVT recordsand mutated in the Municipal Corporation? And what is the risk of demanding the property by the heirs/successors of the rest owners in future?
Advocate Ravinder
(Expert) 09 September 2013
You have mistaken. By purchasing the flat your name will not be reflected in the govt records. Govt is nothing to do with the Building complex.
The details given are not clear. To my expectation, after a considerable time i.e. after 7 years or 10 years the allotment of land will become absolute and the owner of the open land will become absolute owner.
After that the land owner enters into development agreement with builder. Thus, the vendor of your flat had got a flat to his share and in turn he sold the same to you, hence you will become absolute owner of the flat. Registered partition is not necessary, the above development agreement is enough. Based on the development agreement the vendor of the flat will become the owner. Then your vendor should registered the same in your name by registered sale deed in local sub registrar office.
