I am planning to purchase the ground floor of a two-storeyed building. The building is jointly owned by four persons. While three owners are willing to sell the ground floor, one co-owner is reluctant. How should I proceed?
—M Shukla As shares of each owner in the property is currently unidentifiable and cannot be distinguished from individual shares of other co-owners, the portion purported to be sold by the three owners cannot be sold by them alone. You may purchase the portion of this property only if all - co-owners are willing to sign the sale deed in your favour. Alternatively, if the co-owners agree to effect a partition of the property and the share of all owners is clearly identified, you may purchase the ground floor from the owner of the ground floor. The ownership details of one of the owners of the property is not clear in the title documents. However, he insists he holds a good title as his name is also entered in the records of MCD. Should I go ahead with the purchase?
—TK Bhasin Though mutation of property records in one’s favour helps in updation of property records for the purpose of payment of property tax, mutation does not amount to recognition of one’s title of ownership in the property. The exact nature of the title of the seller will have to be ascertained by a thorough inspection of chain of title documents of the property. My father has decided to gift a vacant plot of land in my favour and has also handed over possession of this plot to me. Is it necessary to execute any documents?
—Rohit Grower An oral gift of immoveable property or mere delivery of possession of the property, in the absence of a valid written instrument, does not confer any title of ownership by the donor in favour of the recipient. Hence, the transaction in question shall not constitute a valid gift of immovable property and shall not take effect until and unless a gift deed is executed by your father in your favour. The gift deed should also be duly stamped and registered.