I own a flat in Pune. It is in the name of my late father. However it is not registered. My father seemed to have misplaced the sale deed. The apartment is 33 years old.
We had applied through RTI to the municipality regarding any documents submitted to them during the purchase of the flat. What we got was limited documents and no sale deed.
We have been chasing the builder for last 3 years but there has been no progress.
What are our rights and how do we get the flat registered in our name without adequate papers?
Asked in Property Law from Pune, Maharashtra
if sale deed has been lodged your father has to lodge FIR with local police station .
in addition he has to issue public notice in local newspapers .
if cooperative society has been formed of members your society must be having copy of the same in its records as without sale deed your father would not have been admitted as member in the society
kindly check,a copy of deed may be available with society also.
Advocate, New Delhi
if the name of your father entered than it has to be registered before sub-registrar and apply for EC for 40 years before sub-register and you can get the documents.
At the outset, I consider it appropriate to inquire from you as to on what basis you claim your father to be the legal owner of this house if it has not been registered?
If sale deed has been registered then builder is under no obligation of law to assist you in any manner for obtaining the same now.
Without title deeds of the property you will not be able to get the flat registered in your name. If sale deed was registered then it must be lying in the registrar office. You may move the Bombay High Court to recover the same.