To transfer the name on 7/12 extract
BEENA SINGH
(Querist) 14 November 2014
This query is : Resolved
Matter is as under:
The actual owner of land is Mr. A and his name was there on 7/12 extract. Thereafter, A sold the said land to B (i.e to Builder ) vide registered sale deed.
after obtaining the possession of said land builder constructed the building thereon and sold all the flats to flat purchasers.
After formation of the society of said building, builder handed over said plot of land along with building to society by registered conveyance deed.
However, builder had executed the said conveyance deed 10 years ago.
Now on the evident of that conveyance deed with the builder, society wants to transfer its name on 7/12 extract. However, talathi is not ready to transfer the name of society as, the name of Mr. B (Builder) was not transferred to 7/12 extract when he bought it from A. (i.e actual owner of land).
Now talathi is saying to transfer the name of society first you need to transfer the name of builder thereafter we can transfer it to society.
We had given all the proofs to talathi that builder had handed over the said land to society by deed of conveyance and it is accepted by him but his opinion is that he cannot transfer the name of society without transferring the name of Builder even though there is a proper of deed of conveyance.
Now the builder is not traceable and to transfer the name of builder on 7/12 extract he can only give the application.
Kindly advise me what is the further step that society can take to transfer its name on 7/12 extract.
MUKUND KUMAR
(Expert) 15 November 2014
First you give me answer of some questions. The all answer can be traced from the bile of your property/flat
1. give me name of the city/village and relted municipal/corporation authority name in which the property is located ?
2.by whose name the completion/occupation/use permission certificate as well as building construction permission was issed ?
3. by whose name the builder bought the land from the actual owner of land Mr. A (by own name or by building construction firm) ?
T. Kalaiselvan, Advocate
(Expert) 17 November 2014
It is not compulsory to get the name mutated in the 7/12 register, however, the society may make a request in writing to the revenue authority to get the records transferred in the name of society, if the revenue authority is giving a reply in writing refusing the request, civil court may be approached for remedy and relief.
