Bmc property in mumbai
Sreeraj
(Querist) 25 October 2013
This query is : Resolved
My parents had purchased a room in a BMC Chawl in 1972. The only document we had made was on a plain paper saying that we had given the part so and so payment and she does not have any rights on the property. This paper was lost in the July 26, 2005 flood along with the other documents. Right since 1972 we have been paying the BMC rent regularly and we have the receipts with us. The name in the BMC office still reflects the first owners name.
Need to know what needs to be done, in case I wish to sell the house to someone else, as we have been residing in the same place for more than 40 years.
Kindly advice
ajay sethi
(Expert) 26 October 2013
you dont have any stamped sale deed duly signed by the owner for sale of the room in chawl . in absence of sale deed you dont have any evidence that you are the owner of said room . the room is still reflected in BMC records in name of previous owner .
without any documents you cannot sell the room in chawl
Rajendra K Goyal
(Expert) 26 October 2013
You are living in the room it is Ok. You have no right , title, acceptable legal document to show your ownership, you can hand over it but can not sell it in legal way.
Thyagarajan
(Expert) 26 October 2013
Approach the sub-registrar office and tell your problem. If he is of helpful tenancy he could trace the registered document of your room going by address of it.
If you could trace the the one to whom u paid, get the transaction regularized.
There are many houses built in unapproved layouts and sold to people with out proper documents in Chennai city peripheral and hill towns.
Local social service organisations are up to help them out.If you could find one in your city to help you will be lucky.
Sreeraj
(Querist) 27 October 2013
Since we are unable to trace the previous owner, it is not possible to make the documents now. However, we have the Electricity bill, ration card, voters id all in our name and that too are very very old. The rent receipt for which we have been paying rent since 1972 is also with us.
My query here is since we have been residing since more than 40 years does it not become legal for us to be the owner. Also, if I make an Affidavit saying that I have lost the original Sale Agreement, will that help me. Or is there any other legal way which will make me the owner
V R SHROFF
(Expert) 27 October 2013
Do what others do. Purchaser is taking RISK, not you.
If purchaser is ready to purchase, AS IT WHERE IS BASIS, WHETHER LEGAL OR ILLEGAL, , AND U R GETTING UR CONSIDERATION, WHY WAIT FOR IT'S LEGALITY??
PUBLIC PURCHASE IT WITH NOTARISED AGREEMENT, WITH POA, I BOND, AFFIDAVIT ,
AS U FORGOT YOUR SELLER, HE TOO WILL FORGET U AFTER YEARS.
It continues, and shelter homeless at cheaper rate.
OK.
sometime one have to be practical/ not theoretical or legal.
Thyagarajan
(Expert) 27 October 2013
It is strange electricity bills are issued in your name when still BMC records show the owner to be one who sold the property to you.
I agree with Expert Mr.V.R Shroff; when no one challenged your occupation and living by any one for the past 40 years and one comes up to take the risk of buying the property based on some documents you have, go ahead with selling with Notarized agreement
