Your property-related legal queries answered by Rank Associates, a Chennai-based law firm that deals in these matters
My grandfather had written an unregistered will in favour of his three sons. After the death of my grandfather, my father and one of my uncles want to sell off the property but one of my uncles is not willing to mutate the house in favour of the other two heirs.
Kindly advise how can the property be mutated in the name of my father. The Will and the Sale Deed executed by my grandfather are with my uncle who is unwilling to mutate the property.
Ruchika Tandon, Delhi
Mutation means transfer of property in the name of the present owner in the revenue records. It appears that as per the terms of the Will, all three sons have been given the property and they will be joint owners of the same. If your father and the consenting uncle want to sell the property, they should obtain release of rights by way of a registered Release Deed from their brother. In the event of non-cooperation, your father and the consenting uncle can approach the Court for partition and separate possession.
I need your advice on gift deed. I have two sisters and my father has given his property to me through a gift deed that was registered. Can my sisters claim rights to the property?
Nagarajan. K, Madurai
Your sisters cannot claim any right over the property once your father has executed a duly registered Gift Deed in your name granting absolute rights over the property to you, provided the property has been self earned by your father. If the property is a joint family property, your father should have dealt with only his share over the same.
I have booked a flat with a reputed builder in Bangalore. He has asked me to sign an agreement paper that mentions the flat’s size in terms of sq.ft and percentage, which are correct figures.
The problem is that he mentions in one clause that I will not object if the FSI is increased. He has said once I sign, he will give me an addendum stating that he will construct in common area etc. but not above the existing building. Is this legal?
S.A. Appan, Bangalore
This issue has to be viewed under the facts and circumstances of each individual case. If the builder is able to get approval for additional construction/ FSI and a revised plan is duly approved by the authorities concerned, the Builder will be within his rights to proceed in accordance with the same.
What are the steps we need to complete to feel safe before buying a ground from a seller who does not have the original documents? He says he has lost the original documents. He has handed over copies of the original document with his name as owner.
Sudersh Vijayaraghavan, Chennai
Loss of original documents happen occasionally. It does not mean that the property cannot be dealt with. The first step is to ensure that no encumbrance is created over the property using the original title deeds. A public notice to the effect that the documents are lost, will have to be given in widely circulated English and vernacular dailies through an Advocate and a certificate from the Advocate has to be obtained as to whether there were any claims over the property. It is also advisable to obtain an indemnity from the seller stating that the purchaser will be kept free from any future liability in the event of any claim arising out of the lost documents. Certified copies obtained from the Registrar’s office can be used in place of the originals. In the event you are applying for a loan, some lending institutions may insist on giving a complaint to the Police and obtaining a non-traceable certificate from them.