You are only owner of the land but not the house constructed on said land
the sale deed mentions only that land has been sold to you but not the structure built on said land
Land and house transfer
I purchased a plot land ..and deed registered.., now iam the owner of the land means everything present on that land immovable.. that is attached to it is mine? The owner of land is me and there is a house present on that land .. but the purchase deed didn't mention that house .. so being present on my land don't i have right to demolish that house or build the new one..? As that house was built buy seller sometime ago.. and in land deed he mentioned the house.. do i am not the owner of that house..? If no than whats the use of that land transfer if iam not having the right of that land ..? Whats the use of that land transfer then?
Asked 5 years ago in Property Law
Religion: Hindu
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17 Answers
So being the land owner i can demolish that house and build my new one? If no then whats the use of being my land owner? And also upto how many years the seller to whom I purchase the land will remiain the owner of that house? Bcz by the time pass house itself become condem
Asked 5 years ago
Hi,
As per the inputs given here, you are the real owner now and you may do whatever you wish on that plot.
You can demolish house with the consent of owner of the house
seller would continue to remain owner of house till he has sold it or created third party rights on said house
Dear Client,
You are now the sole owner of land and house.
Yes being the land owner, you becomes the owner of the house present on the land also and you can use the land as per your requirement
Logically and legally land will be of no use to use if you can not use it as per your requirement. This could have been done if it would have been a lease, but since the land has been sold to you therefore it becomes your absolute right to use the same.
Regards
1. Land purchase means all associated things /appurtenances etc.... are purchased with the land and you are entitled to use /demolish /rebuild /whatever, PROVIDED rebuilding permission is duly taken from the local municipal /panchayat offices.
Dear Client,
After purchase, you are absolute owner and whatever affix to it is yours. Seller is now no more in the picture,nether left any say in the land. You can demolish or live in it.
Yes you can demolish it if there is no stay from court. Then the land belongs to you exclusively.
Sir to whom i purchased the land .. only mentioned the land transfer in deed he didn't mention anywhere of house in deed however house was already present on land.. and also one thing that house is unauthorised that is built without municipality permission but he paid the all property taxes... So after transfer of land to me do i become the owner of house..? Or if i do the effort to regularise that house by paying charges do I become owner of the house or the seller will than also remain the owner after being regularised by me..? Ajay sethi sir if house is not of mine then whats the use of land purchase deed..? Is it true every thing attached to land automatically becomes the one who purchase the land?
Asked 5 years ago
You are not the owner of house as only land has been sold to you
it it is always advisable to mention details of house built on said land in the sale deed
relevant details like the number of rooms, the number of balconies, plot area and construction area among other things are mentioned in the sale deed
Yes, house is now only yours . You demolish it, live in it, keep it vacant no regularization require.
Yes you can demolish the same as advised
Dear client
Being a land owner you can demolish that
house and build any building you want to build
On that land as then immovable things which
are attached to the land at time of tranfer deed
Will be transferred to new owner.
Everything means tree, crops, building, well etc
You can Demolish and construct new house on same place.
You have purchased that proeprty consisting of land and house, the land alone cannot be sold when ther is a structure existing in it. If there was no mention about the house in it then it is an error, it can be rectified by executing a registered rectification deed..
The vendor cannot claim the house built on the land which has been sold to you. It should be an error, hence you ask the vendor to rectify the same by executing a registered rectification deed
You were advised to approach the vendor to get the rectification deed executed, if he refuses then you may file a suit agaisnt him for specific relief in which you can demand the rectification deed as a relief, let the court decide about the factual position and you will get all your doubts clarified by the judgment that the court may pass on this.