Faulty document
Rohan Totlani
(Querist) 11 July 2015
This query is : Resolved
We had purchased a flat 17 years back and we were the 4th buyer. The problem is that at that time the broker didn't show us the third buyers agreement. In that the second buyers who sold the flat to the third buyer did not take the signature of the joint owner and just whitemaked it. But our documents are proper with all registration and stamp duty done. Please tell us what to do? Do we need to make any document as we want to sell this flat and the prospective buyers are saying that the papers are defective.
Rohan Totlani
(Querist) 11 July 2015
Do I need to make notary or something?
dr g balakrishnan
(Expert) 12 July 2015
it is a defective document but under adverse possession law you get absolute right on the said property as you live there more than 12 years.
Advocate Ravinder
(Expert) 12 July 2015
Though your documents are proper with all registration and stamp duty, the defect will not cure. If the joint owner is alive, obtain his signature as vendor in a separate sale deed and register it in the sub registrar. The Joint owner has come to the sub registrar.
If he is not willing to come or if he is dead, then file a suit for damages or recovery of amount against your vendor, as the title is defective.
Third option is file a title declaratory suit against all the vendors starting to ending, making them as parties to the suit.
Dr J C Vashista
(Expert) 13 July 2015
I agree with the experts advise and opt/agree for third suggestion of Mr. Ravinder2345gmail.com
Rohan Totlani
(Querist) 13 July 2015
Thank you for your suggestions. But the flat is more than 25 years old and it will not be possible to find the first owner and the second. Should I keep it as it is considering the seems owner clause of 12 years or is there any other way out
Advocate Ravinder
(Expert) 13 July 2015
If you cannot find the details of first owner, leave it. Find details of other owners. In the title declaratory suit, anyway court will order for a public notice in the newspapers. Any lacunas will cover.
T. Kalaiselvan, Advocate
(Expert) 16 July 2015
The defects in the link documents tracing the title cannot be cured now by executing rectification deed, therefore the option before you is to file a declaratory suit to declare your title as per the sale deed registered document in your favor and possession owing to the discrepancy in the link document which was failed to to be noticed and rectified at that time. You may engage a prudent advocate who can get your issue solve by properly drafting the issues.
