Hello, an inherited plot and existing building on it in Delhi was partioned by high court order between my mother and two sisters by metes and bounds. The property was leasehold and has now been converted to freehold but the LDO authority has given joint conveyance deed only stating my mother's % ownership but not the exact demarcations from high court order (but they have referred to the order in list of documents). The conveyance deed was registered at sub registrar office and my mother has a copy of it. The two sisters have entered an agreement to sell with a builder who has demolished existing construction on his side to do reconstruction. My questions are the following: 1. Does my mother have to submit the conveyance deed anywhere else? Eg: MCD etc. 2. Does she need any other document except conveyance deed and high court order to show that she is rightful owner of her area? Does she need some kind of title certificate to be made in addition for her land area? 3. As the authorities are not recognising the high court partition as subdivision of plot, only one map for full plot will get made for construction. If she also gets her area constructed, then will all the flats on her land portion automatically be owned by her or does she need to get some title certificate for each flat from authorities, and from where? 4. What can my mother do to protect her land portion rights from the builder? We are thinking to get some kind of legal agreement made. My mother is elderly so would prefer not to take legal action against builder and/or authorities if it can be avoided. Please advise accordingly. Thanks and regards,
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1) HC order and conveyance deed prove that mother is one third owner of property
2) mutation of property has to be done in revenue records on basis of conveyance
3) entry in revenue records is for purpose of payment of property taxes
4) you should also register the HC order as it shows division of property
5) registered deed of family settlement can be executed between your mother and her siblings
1. No need.
2. As you say, it is a registered joint conveyance deed showing the share of your mother, no other document is necessary to establish your mother's title, apart from the court order.
3. If your mother constructs flats over her won portion with her own funds, she becomes the absolute owner of the superstructure.
4. A suitably drafted construction agreement with the builder referring to the court order and the registered conveyance deed will serve the purpose.
1. The conveyance deed would be the title deed, hence it has to be produced wherever the title hai to be proved.
2. It depends on the authorities which may demand the documents.
3. She is the absolute owner of her share in the property.
4. If the builder is encroaching her share of property she can file a suit for permanent injunction against him to restrain him from doing so.
1. No. Only to circulate for information
2. Yes
3. It's binding on everyone
4. Nothing, the partition deed is Enough
5. She has all the rights
Hello thank you very much for your replies. I am providing some additional information below as clarifications- First, I would like to clarify that the 'builder' that I referred to is the builder who bought my masi's share. So we are thinking to make a legal agreement to protect against him. Q.a) Would this legal agreement also need to be registered? Second, I would like to clarify that my statement that conveyance deed mentions high court order may be oversimplified. The joint conveyance deed mentions my mothers share in % as 'undivided' but mentions the substitution letter, the substitution letter also says % share and 'undivided' but mentions the high court order in the list of documents, the high court order writes that the demarcations of partitioned property are according to the settlement deed that the three sisters agreed on, and the settlement deed exactly defines the boundaries of each sister by metes and bounds. I do hope that as there is a trail of documents, the high court order is still valid although L&DO refused to acknowledge the division of plot. But i am concerned that proving ownership based on 4 different connected documents might be complicated. As I mentioned, due to her advanced age my mom did not want to take legal action against LDO. Q.b) If your answers have changed based on this additional information, I would be thankful if you could let me know. Q.c) And any advise on how to protect my mother's interest going forward would be very appreciated. Thanks and best regards.
Advisable to register the agreement
2) you should take legal proceedings against LDOas deed of family settlement and HC order are clear
1. The builder cannot encroach your share of proeprty for any reason hence there is no necessity to enter into any legal agreement with him in this regard, since encroachment is an offence, you can take legal action against him if he does so.
Whether or not in order to prove your title to the share of property allotted to you, you may have to possess all the relevant and related documents in your possession at any given time. What is the problem for you to have all the relevant documents together while you are willing to carry a single document.
If you do not want to get into legal tangles then you may follow the procedures as per law.
2. You let out your question instead of asking us to put a question to you in this regard.
3. Your mother's interest is properly protected by way of the court judgment copy, and other related papers pertaining to her share in the property. Now it is you who has to arrange for further protection.
You can protect legally as per stage to stage basis
a) The construction agreement may be registered. The high court order and the sale deed are adequate.
b) and c) Please be guided by my earlier advice.
1. Your mother has got the Court Order duly partitioning the property by metes and bounds.
2. The joint conveyance deed and also the Court Order is sufficient to establish ownership of her share.
1. LDO has erred in not registering the partition deed strictly in accordance with the Court order.
2. There has not yet been any cause of action left on the part of your mother based on the activities of the developer for which she shall have to wait for any illegal action taken by the developer for seeking judicial intervention.
1. Since, there is one conveyance deed , then its copy can be asked by the authority
2. The court decree is enough to prove her ownership and on this ground she can apply for getting mutation of her portion in her name.
3. Any authority cannot deny to accept the order of the court ,and a contempt case can be initiated against that authority
- If the authority is passing one map for the construction , then she can enter into a separate MOU with the builder and her daughters for the same.
4. She can enter into a MOU with the builder , It should be registered for safety.
5. If she is an old lady then she can give POA to any relative on her behalf for performing the said work done.
