LAW BOOK

HT Estates - - Front Page - Su­nil Tyagi

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.

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