• Property share

We have a 3 floor 150 yrds builder floor in Delhi without lift and parking. Ground and first is owned by me and second floor with roof right is owned by a third person. This person misused our signatures and got a MCD plan approved to build additional floor and not build it for 4.5 years ..don't know y!!! Now his plan is going to expire and so he came to us for negotiation that we shud demolish all floors and build new houses 4 floors with lift and parking and we can share the cost. I told him that I am not interested but can sell my 2/3rd share to him ..for which he says we have only 2/4 share. There is no changes made to sale deed ..no title transfer from my side to him ever. He says approved mcd map is sufficient and
Asked 2 months ago in Property Law
Religion: Hindu

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8 Answers

Your consent is necessary to build additional floor 

 

if he has forged your signature file police complaint against him for forgery ,fabrication of documents ,cheating etc 

 

 

 

also complaint to Muncipal corporation and get plans revoked 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

If he constructs  additional floor on basis of your consent then he would be absolute owner of said floor 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

Map is not sufficient to prove ownership 

 

he can carry on additional construction of as per sake deed he has roof rights and you have given consent to construct additional floor 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

You have mentioned that he has misused your signature, that means you have already signed a pact with him.

Well, if the offer given by him now is not acceptable to you then you can reject and decline to accept even under pressure.

Your title is confirmed by the registered sale deed on your name, hence you can always approach court with a suit for permanent injunction restraining him from proceeding with his illegal plans to expand the building by constructing additional floor without your consent.

You can secure documentary evidences to justify your relief.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

Just because he is a police man, your rights in the property cannot be deprived.

He has to abide by the law 

You can make a complaint against him if he poses threat or can go ahead with a suit for permanent injunction to restrain him from proceeding with his plan to illegally construct or expand his portion.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

The map or any other records other than the registered deed will not be considered as title documents.

If you file a suit for permanent injunction against him, then he cannot proceed with his proposed construction.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

Dear Client, 

Documentation proving a person's or an organization's legal entitlement to own a certain asset or piece of real estate is known as proof of ownership. Depending on the kind of property, it may contain bills of sale, stock certificates, deeds, titles to real estate, and other pertinent paperwork. A registered sale deed a document that documents the buyer-seller exchange of real estate is the main document used in India to prove land ownership. The record of rights, which is a document that contains information about the property, property tax receipts, and survey documents are further documents that are used to prove ownership. These documents, however, merely serve as a record of the property transfer and do not confer a government-guaranteed title to the assets. In these kinds of deals, it is the buyer's responsibility to verify a property's previous ownership records. Because of this, land title in India is presumed and open to dispute based on these kinds of sale deeds. 

Hope this answer proves beneficial to you.

Anik Miu
Advocate, Bangalore
8857 Answers
110 Consultations

4.7 on 5.0

Yes that documents doesn’t hold any importance 

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

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