help needed

praveen (Querist) 02 December 2010 This query is : Resolved
i was a minor when my father expired. I am the only legal heir for my father. my aunt(father’s sister) has my father’s settlement document for a land in Chennai .she also has its patta which is on my name. now she refuses that she doesnot have any of it. a building has been built on this land through joint venture by a promoter when I was a minor.he retained 55% of U.D.S and has sold his portion of building. The promoter has given me a deed of agreement for 45% U.D.S comprising of 2flats as my share.

Now I have planned to sell those 2 flats but I have only the following:-
1) Xerox copy of my fathers original settlement document . Now i have a true copy xerox of my fathers settlement document issued by saidapet sub-registrar with the seal of S.R.O on the last page.
2)Xerox copy of patta(manual hand written) on my name. Now I have attested real duplicate computer patta on my name sealed.
3)original builders agreement on my name
4)clear E.C record for 12 yrs on my name
5)original legal heir certificate of my father
6)Xerox copy of approved building plan.

I begged my aunt to give me my father’s settlement document and my patta but she is adamant and doesn’t have the heart to give it back to me.
My fears are :-
1)if I file a F.I.R then the buyer may bargain the price or think of avoiding complications.
2) The interested buyers lawyer say that the true copy xerox that i have cannot substitute the original settlement document as the original can be misused by the person who has it.As a result he doesn’t want his client to take the risk.

I desperately need money urgently . what is the best way to sell the 2 flats?
pls guide me the best way step by step.

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adv. rajeev ( rajoo ) (Expert) 02 December 2010
You can file a suit for declaration of your 45% share against your aunt, then truth will come out. But it takes time, you are in urgent financial need, so once again request the purchaser to purchase the property. You can do one thing apply for the certified copy of sale deed of your father so you can get some hints.

s.subramanian (Expert) 02 December 2010
yes.i agree.

Advocate. Arunagiri (Expert) 02 December 2010
Apply for the certified copies of the documents. If they are in your favour, you can sell the properties without going to the court.