Clearing titles
anish
(Querist) 23 March 2014
This query is : Resolved
Sir
My father had purchased two sheds in a warehousing building at Vashi, New Mumbai in year 1993.
The original allotee of plot from CIDCO i.e. owner had given allotment letter for shed to first purchaser A. Owner had transferred development rights to construct and sale building to his sister firm C.
My father made payment to first purchaser A as well as developer C where in my father received transfer of allotment letter in his favor from owner with consent of first purchaser A. The developer C also issues a possession letter in favor of my father.
Later on owner and developer who were actually sister entities vanished and are not traceable.
My father has expired and he has made me executor of his estate by his Will.
How do I make ownership titles clear in my favor as developers are not traceable?
On paper I can claim that since payment was made, allotment was transferred in our favor, possession letter was issued in our name we are owners of above sheds but since no registered documents were executed we are told your titles are defective and we are not able to sale above properties.
What should be done so that above sheds become salable?
Devajyoti Barman
(Expert) 23 March 2014
Without execution of registered deed of conveyance, the transfer may not be complete.
File a suit for specific performance of contract.
Since warehousing is for commercial purposes, consumer case can not be filed.
ajay sethi
(Expert) 23 March 2014
you have been correctly advised . your title is defective . file suit for specific performance
anish
(Querist) 25 March 2014
Sirs
Since builder is not traceable against whom can i file suit?
Is there any provision parallel deemed conveyance in my case by court's order?
Devajyoti Barman
(Expert) 25 March 2014
File anyway mentioning his last known address. After substituted service, the court would hear the case ex parte.
