Property owner seeking time to give possession after registration of Sale Deed
Mohammed Khaleelullah
(Querist) 17 December 2010
This query is : Resolved
Dear experts,
My friend proposes to purchase an old house in a 700 Sq ft land in Chennai. The Joint owner of the house and five children i.e.legal heirs of another deceased co-owner seek three month's time to vacate the house, from the date of registration of sale deed.They do not possess Patta,chitta,Adangal,certified sketch or legal heir certificate.Only title deeds for 25 years are there.They are enjoying the property for the last 15 years.There is nil encumbrance as per the latest Encumbrance certificate.After 15 years from the date of purchase, they have now filed an affidavit with the Registrar regarding change in survey number on the basis of a document issued by the local Municipality.There is no patta indicating survey no.issued by the Revenue department.There is also doubt in the extant of the land for about 50 sq ft in the rear portion.They want immediate Registration of the house, as it will take time to obtain the above documents from the Revenue Department.My query is:-
1.Whether the house can be purchased without Patta,Chitta,Adangal and Sketch of the land duly certified by Revenue Revenue Department?
2. Whether these document can be obtained by the new owner, after the purchase of the property and whether it will lead to any problems in future?
3.Whether any specific provision for this has to be made in the Sale Deed for this?
4.Whether three month's time to vacate may be given,even after registering the sale deed and paying the sale consideration in full and without taking physical possession of the house?
5.If so whether whether any separate agreement or Affidavit has to be executed for this and whether it will lead to any litigation in future,if they do not vacate after three months (they want full sale consideration to be paid without withholding any amount for seeking three month's time)
6. Whether the change in survey no. after 15 years and without any authentication from Revenue Department will lead to any problem. However, the latest EC of Registration Department indicates both the old and the new Survey no.But there is no document from Revenue Department?
7.Whether sale consideration can be paid to a single person i.e.the co-owner,as demanded,and whether any formalities to be followed for doing so?
Kindly give your expert opinion/reply to the above queries.Thanks and well wishes in advance to all.
s.subramanian
(Expert) 18 December 2010
On the facts set out in your query,it will not be safe to venture into this. Mere title deed will not suffice. Unless it is supported by revenue records confirming their title and possession in the property, it will not be safe. Or else you can yourself go to the Tahsildhar's office with the particulars and verify if there is any entry of their names in the Chitta and adangal.Then you can proceed.
Mohammed Khaleelullah
(Querist) 18 December 2010
I am not satisfied with the reply. Will please anybody take pains to answer all my queries above point by point in detail,as I have taken pains to put my facts in detail.
