How to check the ownership status?- Property Hotline

Expert: Nirav Jani, Associate Partner at Hariyani & Co.

Question: The floor I purchased in 2009 was sold to me by third owner. First owner had got the sale deed of entire plot in 1999. Subsequently, after six months he had an agreement with DM C at Rs 10 per gaz for sale of land as Northern City extension Scheme No 1 was launched. Then in 2000 he got an indenture from DMC conveying him the possession of land, in which as per his request, his wife's name was added as purchaser. However the house was constructed in 2000 only as per agreement. Further this person transferred all separate floors to his sons alone since 2004. Kindly guide what is ownership status? In 1999 registered sale deed, he is the sole owner. Also, same year agreement with DMC is also in his name. One son now claims this as jointly owned property though he too has got his gift deed from father only. He has now challenged my title

Answer: If you are purchasing rights in the land and building you will require consent then you will require writings of all the owners who claim ownership. Whether it’s by gift deed, lease deed or transfer deed it doesn’t matter because they are all forms of transfer. Even if the flat is been gifted by the father to the son the moment there is acceptance of the gift and two witnesses to it the document is complete unless there are conditions to it.

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