Chennai City Real Estate - Is the document legally valid?

I have been readingThe HinduProperty Plus for the past many years. Myself and my friend were hunting for a property for the past couple of months (land) but most of it didn’t even have a BBMP khata and the betterment charges were unpaid.

At last we liked a property which has most of the documents available (maximum compared to those so far we have seen) but has the following issue.

It is a land located in Mallesh Palaya (near CV Raman nagar) which comes under BBMP. The seller has BBMP khata in her name.

Betterment charges & taxes are paid and it has PID number as well. EC for 15 years and other relevant documents are available.

The seller bought the property about an year ago (Aug 2008) from a person say Mr.A (Khata certificate and extract was available in the name of Mr. A and later got transferred to the seller).

Mr.A had bought the property from say Mr.B in 1991. (It was under HAL sanitary board which later became CMC and now BBMP).

After selling this property, Mr.B, his wife and sons had done a partition deed saying they had sold the properties to different parties and no one in the family would disturb those executed sales. But the partition deed is unregistered and also the family tree is not available.

The Partition deed belongs to couple of properties which was shared among the family members in respective Khata nos. (It was under HAL sanitary board that point of time). Mother deed is given but it is unclear and unreadable.

We asked for parental deed but the seller is not able to get it. But he tried various options and got the RTC which had come in the name of Abbayya reddy from 1977 to 1991. Later from 1992 onwards it was available in the name of Abbayya reddy and his sons (believe this is post-partition).

There is no parental deed to establish the title of Mr.B as owner for the sale deed executed in 1991.

Mr.A had enjoyed the property for about 17 years (1991 to 2008) without any problem.

We enquired with the neighbouring site / house owners whose property also comes under the same survey no / parental title (about 20 properties) but they too do not have any other documents. There is a family which is living for the past 16 years. They say it is absolutely fine and they had not faced any issues.

Is RTC a legally valid document to establish Abbayya reddy’s ownership?

Is there a way that we can confirm the ownership of Mr.B?

If Mr.B had inherited the property, can his legal heirs come and create an issue even after 18 years since the partition deed was unregistered and family tree is not available.

If the title is legally incorrect, what is the extent of the problem and is there a solution?

Balaji

Bangalore -75

Our panellist, Mr. R.L.Narayanan replies:This is a matter which involves perusal of documents and facts and circumstances and the legal position has to be culled out from the available documents. It can only be stated that on the basis of particulars given by you, your proposed seller seems to have prima facie title.

It is to be noted that the aspect of title cannot be commented upon on the basis of particulars furnished without going into the documents and other records such as Encumbrance Certificates, revenue records, etc. It is advisable for you to obtain a title report from an Advocate in Bangalore.

Proper step

Thank you for providing a way to clear our doubts through The Hindu Propertyplus. I planned to purchase a vacant land which cost about Rs 300 sqft. (market value).

I applied for a loan in one of the banks and they also agreed to give the loan. The guideline value of the land comes to about Rs 120 sqft. Can I register for the market value itself, so that I can take the maximum loan as I cannot afford to pay the seller if I go in for guideline value.

Sathish

Mr. Narayanan replies:You can register the property for the entire value. Practically, there could be certain resistance for this kind of registration owing to various factors including the fact that this may result in increase of the guideline value itself.

However, the option of registration at the same value as the transaction cost is not only possible, but is also the proper thing to do.

Source: The Hindu Property Plus

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