1) you dont have clear and marketable title to the property
2)deed of exchange registration is mandatory
3) further you need original chain of documents of the exchanged flat
4)bank would not sanction loan for purchase of your flat
Title check for residential flat in Mumbai
The question is related to my flat in Mumbai. The flat was in my mother's ( widow) name and transferred to me after her death by nomination. My siblings & I have executed and registered a release deed for the flat in my favour and there is no dispute. However there is no complete chain of previous agreements available. This flat was purchased as an exchange with another member in the same society. This document was done in 1998 and was not registered, however the stamp duty was duly paid. documents prior to this exchange agreement are not available. I want to sell this flat and wish to know if there will be any issue with the title in this case or will the last release deed which is a registered document can be considered as a proof of clear title.
Asked 7 years ago in Property Law
Religion: Hindu
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9 Answers
Dear Client,
Chain of Document is not necessitated for sale deed registration but the last deed through which property title transferred in u/mother. But in the sale deed, it is necessary to mention the origin of property. Detail will available in last deed executed through which title transfer in your mother name, other wise apply to municipal corporation for issue certify copy of file of concern flat.
Normally while executing sale deed, only copy of last deed is annexed, but mention of origin of property in necessary in sale deed
Hi
There is always the need for the full record for such activities but as you have paid all the relevant fees related to the property in the concerned department. As of now you should not face any problem.
Thank You
It depends on the person who is purchasing the same.
Though the last release deed which happens to be a registered document and the fact that all other legal heirs have no issue, the title can be transferred by you.
Regards
1. Since from 1998 the title llok cler there should not be mcuh reason forworry.
2.it is not clear as to how the stamp duty was paid but deed was not registered.
3. At the time of selling if the buyer does not have much porblem you may proceed to sell.
Basically, when you will approach the buyers interested in purchasing this property, they will ask you for a complete chain deed. However, it is not always necessary that the complete chain of deeds for a specific set of years will be available for a property. Same is the case with your property. The absence of chain deed does not disproves your title and you're still eligible to sell this off
1. Where is the document by which you can claim that the flat occupied by you is the flat of your mother which she had exchanged with some other person?
2. In the records, some other flat stands in the name of your mother since the deed of exchange has not been registered yet and your mother has died.
3. Now, as per records, you have inherited the flat which was originally allotted to your mother.
4. To solve the problem easily, you can register an exchange deed with the actual title holders of the exchanged flat.
Hi, the release deed in your favour and the title document holding your mother name previously are sufficient to proceed with the sale deed
The registered release deed in your favor will make you eligible to sell the immovable property with marketable title.
However if you do not have a proper registered document including the registered sale deed prior to the current exchange deed then you can obtain certified copy of the same.
The link documents are necessary for selling the property to a third person
