Ratification vs. Release Deed
I am planning to buy a flat from a builder. Here is the history of the land title and separate versions from my and builder's lawyer:
Rama’s family consisted of his wife Chinamma and his daughter Chowma. Chinamma pre-deceased Rama and post to the death of Rama (Rama having died intestate) the property fell to the share of Rama and his daughter Mrs. Chowma.
Thereafter, in the revenue records the names of Chowma’s husband Mr.Venkatapa is reflected without any legal handover of the property by her. Mr.Venkatapa, thereafter sold the property to Mrs. M who sold it to Mr. Builder.
Builder's lawyer now claims that - "In order to ensure better assurance of title to our predecessors in title Chowma w/o Venkatapa and their children have executed registered Deed of Ratification on 07-07-2003. The said Chowma and their children have clearly consented that they do not have any right, title or interest over the said Sy. Nos. They have further confirmed in the same document that our predecessors in title are the absolute owners having all the rights, title, interest and possession with respect to the two properties schedule property. "
My Lawyer says that Ratification Deed is not the right document to fix the issue of husband selling a property originally owned by wife. My lawyer is recommending the builder to get a Release deed from wife, Chowma and all her daughters in builder's favor. Else the title is not clear - There is a possibility that Chowma and her heirs can raise a claim to the land any time.
Pl suggest whether to go by my lawyer's suggestion vs. the version from builder's legal team.
Thanks in advance.