In 1995, my grandfather named his property in my father’s name, but my father has not transferred the patta in his name. Now my uncle (father’s younger brother) has built a house on that plot without informing us.
As my father is posted in New Delhi since 2008 he hasn’t been able to take any action until now. He will be retiring soon and wants to take possession of the land. Whom should we consult to tackle this problem?
Shri Nidhi
Chennai
The exact nature of the document (whether registered or otherwise) under which your father was given rights over the property by your grandfather, is not clear from your query. The nature of ownership of your grandfather, the document under which your father is claiming rights over the property, your family structure and all other relevant documents have to be looked into to answer your query. Please consult your lawyer and go by his/her advice.
We have an apartment in Madipakkam which is 30-years-old. We have decided to demolish and reconstruct the complex that has 12 flats. The total area is 4,800 sq.ft. and the building only has a ground floor and first floor (along with UDS). The area of each unit measures 675 sq.ft.
The promoter has the following conditions:
1. They will issue₹2,50,000 to each of 12 flat owners. The rental amount is ₹12000
2. The building plan comprises 22 flats in five floors
M Muraleedharan
Chennai
You can insist on a clear written offer from the proposed builder and discuss the same with the present flat owners. You must obtain proper legal advice to ensure that the clauses in the agreement capture the representations and assurances of the builder as well as the consequences of non compliance/breach by the builder.
The aspects relating to mortgaging the property to raise construction finance, custody of original documents of title etc., and their implications on the owners have to be clearly understood. There should not be any deviation or violation of approved building plans. The cost of maintenance will depend on the facilities and amenities provided.
