You should have the appropriate documents of the property house tax water tax bills etc. A family arrangement pertaining to partition.
These things are necessary for selling the property.
Selling of Ancestral Property without Registry
I am the part owner of an ancestral property which was built by my father in Lucknow in pre independence era and has been occupied by me and my two older brothers and their siblings ever since. For reasons unclear to me the registration documents of the house have been untraceable for a long time. Efforts made to get a copy of the same from the concerned department of LDA has been of no avail, apparently in some natural calamity the office copy of the said documents held with the LDA office were lost/ destroyed. However during the course of last 50 odd years certain events that have taken place which may prove to be supporting documents in proving the ownership as follows: 1. Copy of a court order of eviction of tenant who had refused to vacate 2. The property was mortgage to a money lending party and later the same mortgage was paid in full. 3. About ten years back all documentary procedures were done to divide the house into three distinct parts for the purpose of house tax and allied charges and we brothers /sibling of my brothers have been paying their house tax and other allied charges ever since individually of their respective portions. We also have separate electricity connection and water connection for last 30 odd years. I and one of my brother intend selling our portions of the property. What is the procedure by which I can progress my case of selling my part of the property.
Asked 4 years ago in Property Law
Religion: Hindu
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5 Answers
You don’t have clear and marketable title to property
2) any buyer would insist that you produce original documents of title
3) bank would hesitate to grant loan for purchase of property in absence of original documents of title
If your property was properly partitioned by a registered document then you become an absolute owner of the share of property allotted to you in partition.
This registered partition deed becomes your title document and the other relevant documents will support your claim for clear and marketable title to the property.
Thus as an absolute owner of the property you can sell your share of property provided if there is no such condition attached to the partition deed that you may have to obtain the consent of the other shareholders before selling your share of property.
The duly partitioned deed followed by demarcation, the partitioned property can be sold to ANYBODY, further PROVIDED that there are separate entrances & service amenities.
Referring to the transaction and available documents, you can execute a registered partition deed among brothers and on that basis proceed to sell the property. That is the only solution given the circumstances.
Dear sir/ma'am,
Such cases are very common in our country and the court has been very liberal while deciding such cases.
The property is an ancestral one and you can rightfully claim your share of it. Now, as there is not such document validating the possession of it, you shall be regarded as a coparcener of Hindu Undivided Family. Under the Hindu Law, you can sell your interest in an ancestral property but you would need to establish your share in it first. For this you may file a suit for partition. As you already have aforementioned documents, you can easily get the partition. On the basis of this partition deed, you can sell your share. Thank you.
