Hello, I have a query regarding some old family property - 5 flats were purchased in individual coparcener names (one including my father) but there is doubt as to where the funds for these properties came from as one brother is claiming his property is self acquired. My father just remembers that funds came the family partnership business and none of the brothers had separate income. My father came out of the family business to move to London but there was no official partition of the joint property as far as we are aware. We don't have any documents for the 5 flats and the current owners of the flats (who purchased from my family) will not help by providing any registration information so we cannot get hold of past sale deeds. Can you suggest how we can get sale deeds of the flats to see if any payment reference was mentioned there to prove that funds for all five flats came from same account number/payee. Any help
1) you have to take title search in sub regsitrar office to obtain these details .
2)you must be having flat number , name of the sellers , year when flats were sold .
3) if you have these details and if you know the survey numbers you can obtain copy from sub registar office in the city where the flats are situated
4) contact a local lawyer in this regard
1. If local registration office is searched properly by a professional by following the name of title holder or by its address then past deeds can be known and its relevant papers can be obtained.
2. i may inform that if there is way to distinguish fund from individual income of coparcener from that of the HUF and if the members were dealing in joint business then the property acquired at that time is to be treated as joint property and all co -sharers can lay his claim.
3. So in this case your father can file suit for partition if his due share is refused to be parted with in his favour.
Many thanks Ajay - we have the flat number and address; sellers names and approximate dates of sale - the flats are based in South Mumbai (Walkeshwar). But we don't have survey (or any khata) numbers - our older relatives have passed away and the surviving relatives are not providing any details. Without survey number, is it not possible to obtain information based on address of flats only? We only have basic details of 2 of the properties from a copy of a partial partition agreement but I need to get certified copies from the court to use as evidence in a litigation matter but am having problems as the matter was from 1992 so may have been archived. Any help would be greatly appreciated.
1. It is not a difficult task at all,
2. You have the address of tha flats and the identification of tha land on which the flats were constructed,
3. From the local Municipality, you can get the copy of the sanctione dplan wherein you will get the description of the land,
4. Conduct registry office search and collect certified copy of the last sale document from where you will get all the details you are seeking now,
5. Engage a local lawyer to complete the job.
1) ask your relative to approach cooperative housing society wherein flats are located .
2) meet the secretary . in any flat purchase agreement of any member you would have the survey number details .
3)with survey numbers task becomes much easier . you can in absence of survey number find details but it may take more time .
4)you can obtain copies of the sale deedsfrom sub registrar office Mumbai
1. The concerned documents can be obtained from the office of local registrar, but this would require a threadbare title search to be conducted.
2. The details such as the year of sale, the address of the property and the names of the seller and buyer are sufficient to get the required information unless the same have got destroyed. The documents in the office of registrar, more often than not, lie in a state of shambles.
1. Since you are aware of the name of the sellers and the property number it should not be difficult for you to obtain the required title deeds.
2. Conduct a title search and you can obtain the certified copy.
3. The survey number of the flat can be obtained from the housing society without much of an effort.