Hi, We've an ancestral property from our grandfather in a village in Telangana State. In mid of 1980-90 my father got equal share (50%) along with his elder brother from the property, our grandfather owns, after he passed away. They only have written document on some bond paper in 1984 about their share, which they mutually agreed upon (in the presence of other relatives and neighbors). Later when my father passed away, in the year 2015, basing legal heir and Affidavit, we've applied for name change in Nagara Panchayat (now it become Municipality) and it happened without any issue (in my mother's name). Last month, she has registered that property (gift registration - 240 yards of land with house) on my name. Now, I would like to construct new house demolishing the existing, and old 60 year house. Here, I'm facing challenges with the people who has to provide building plan. They are asking me that as we don't have link documents for last 30 years (as initial documents were written on a bond paper, in 1984), it is hard to get approval from Municipality. Hence, I'm writing this to clarify the following? 1. As it is not sold to anyone from my childhood (now I'm 38 years old), how can we have Link Documents? And will this cause any issue to get permission to construct house? 2. We have few support documents which says that my father is the owner of that house (we've a copy of permission to construct compound walls, and original copy of bond paper mentioned above - 50% of share from my grandfather). Will that be sufficient to showcase that is our property and can get plan approval? 3. How much it costs to get building permission (land - 240 yards.. construction - 150 yards)?
1) deed of family settlement has to be duly stamped and registered
2) un registered document is in admissible in evidence
3) we cannot say what would be charges for building permission
4) your mother can file declaratory suit that she is absolute owner of property
Thank you for your quick response. I'll answer your #4 question first.. Yes. My mother got that declaratory suit that she is absolute owner of property from Nagara Panchayat and then only she did gift registration to me. and now I've the valid registration copy of the property. #1 deed of family settlement has to be duly stamped and registered: Ans: During 1980s they don't have such things, they've agreed upon their share by clearly writing on a legal bond paper. Not notarized though. But since 30 years, we don't have any issues... No legal issues arised till now. After getting legal copy from Nagara Panchayat only she did the registration. #2 I'm not sure at what extent the written document on bond paper can be considered when submitted in court. As it is already 34 years, I think there will not be any issues (I may be wrong too). But as a owner of the property he is paying house tax, water connection charges. #3 - No issues. Will inquire this locally
Declaratory suit ought to have been filed in court and not nagar panchayat
2) on father demise mutation appears to have been done in mother name by the nagar panchayat
3) mutation does not confer title to property
4) it is only for payment of property taxes
You need to show what documents you have and apply for the applicable permission.
Chain of documents requires for grant of loan, for construction permission, last ownership document is sufficient. Tell them to give a demand note, challenge the same in court.
Unregistered document is invalid and more particularly oral partition is valid and when reduced in to writing, registration compulsory.
If uncle not questioning, get the partition register now on today's date.
The registered document standing in the name of yor grandfather is the title link document since there has been no transaction happened with the registrar's office in respect of this property even though the proeprty was partitioned between your father and his brother by a stamp paper, but you can ignore it and mention that the partition between them was by an oral partition and not be any document and subsequent to that on the demise of your father the property devolved on your mother and you.
You must be aware that the your father's share of property shall devolve equally on his legal heirs upon his intestate death, hence your mother cannot become the absolute owner of the property upon his death.
Therefore the gift deed executed by her in your favor is not legally valid, instead she can transfer her share our of your father's share in the property in yor favor by executing a registered release deed relinquishing her rights in the property.
If you do this process, probably you may get an approval from the authorities concerned for construction or even for selling the property in future.
Nagar palika is not the competent authority do decree a declaration that your mother is an absolute owner, because as per law she is just a shareholder in your deceased father's share in the property along with you, hence it cannot be relied upon.
Therefore the subsequent registered deed in your favor may also not be considered as legally valid document.
Registration of partition deed is a law prevailing since 1872 and not a new law hence you dont say that it was not available at that time, if you do not know the law, you may consult a lawyer and proceed in the manner known to law and not on your own desire and whims.
For the complete procedure to be followed in this regard you may either refer to my previous post in this regard or discuss with an experienced lawyer in the local and proceed as advised instead of groping in dark without knowing the actual procedures of law