Transfer of ownership
Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm
In 2006, I purchased a plot measuring 1,400 sq.ft. in Chennai. I registered it in the name of (A, B and C): my three sisters (400,500 and 500 sq.ft. respectively).
‘A’ constructed a flat on the ground floor, and ‘B’ on first floor.
Since constructing a second floor was not permitted (30 feet road), ‘C’ agreed to wait for some time.
The first floor flat (where ‘B’ lives) was constructed in the names of ‘B’ and ‘C’ as 600 sq.ft. each, but as one flat measuring 1,200 sq.ft., by availing a bank loan. Property tax is being paid by both separately.
In 2010, ‘C’ constructed a flat on the second floor without obtaining an approval from Chennai Corporation. I (‘B’) have been requesting ‘C’ to transfer one portion of the first floor in my name but she isn’t agreeing.
How can the second floor’s ownership be completed for ‘C’ and ownership for the first floor by ‘B’?
It is difficult to answer this query without going through the relevant documents. It is not clear whether the land was purchased as defined extents or as undivided shares. The terms of the arrangement between B & C with respect to the flat in the I floor is also not clear and will have to be examined in order to answer your query.
Further, unless the unauthorised construction is regularised by going through the process laid down by the authorities, the ownership of second floor apartment cannot be treated as clear and marketable.
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