Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a law firm
In 1997, my father bought an apartment in my name from a builder. It was part of a cluster of 32 apartments.
Recently, I reviewed the related documents and found one which highlights my ownership to a part of the land on which these apartments belong.
I have paid property tax for this apartment all these years and I have the receipts.
However, there are no documents like a construction agreement from the builder. My father
was dealing with the builder from 1995 to 1997 (until he took possession of the property in 1997). Unfortunately, both my father and the builder passed away about 10 years ago.
My father did not leave behind any other document other than the land registration document.
The builder’s company is also non-existent today.
Given this situation, how do I legally create documents, either new or duplicate, that can show that the apartment belongs to me using the property tax documents as evidence?
M.Senthil Kumar
Chennai
It is gathered from the information given by you that a sale deed for the undivided share of land has been registered in your name. Please check the documents in your possession to see if there is any letter of allotment or letter of handing over to confirm the particulars of apartment constructed for you.
You can execute a deed of settlement in favour of your wife or children by giving the full and correct description of property.
If this is not possible for any reason, you may have to obtain an order from competent court for a declaration that you are the absolute owner of the property.
Please consult your lawyer and proceed accordingly.