Flat ownership
SK
(Querist) 25 March 2016
This query is : Resolved
I have bought a flat in mumbai thru Home Loan.( Joint loan - wherein I am the first borrower) also in case of the property I am the 1st holder.
This flat that I have bought is in a building build by demolishing a banglow owned by my brother-in-law. This building is a part of CSH. and only my brother in law is a member of the CSH. Also the property tax paper is in his name.
Though I hold electricity connection in my name I still doubt the ownership of this flat !!! In near future does my brother in law has a right to claim this flat as his property.
We do not pay any bills( Gas connection, Electricity bill nor maintenance charges too!! everything is borne by my brother in law.
kavksatyanarayana
(Expert) 25 March 2016
Is there any agreement for the building? the joint loan taken by yourself and who is other? in which circumstances the joint loan taken? state full facts.
P. Venu
(Expert) 26 March 2016
"in case of the property I am the 1st holder"! Please provide further light on this aspect.
Anand Bali Adv.
(Expert) 26 March 2016
Dear Friend Your facts of the Property ownership are not clear as
CSH ?
First owner of the Property?
How the Property loan was sanctioned without title deeds in your name as you said your brother in law owned the banglow which was demolished?
Who was the owner of the land? etc.
SK
(Querist) 26 March 2016
Yes, We have registered the sales agreement.
This property is held by me (1st holder) & my husband as the second holder.
Same is the case in Home loan too - Joint loan taken by me and my husband.
Land is owned by my brother in law
Rajendra K Goyal
(Expert) 26 March 2016
All the documents need to be referred.
If you are not owner, housing loan may have not been sanctioned? However, show all documents to your lawyer and discuss.
SK
(Querist) 26 March 2016
Thank you for the replies
Anand Bali Adv.
(Expert) 27 March 2016
Dear SK, To give you a final reply in your case is delayed only because non availability of full facts from your side.
It is correct that you are the owner of the flat however this will be treated as a lease hold property where lease of land is given by your brother in law to you for construction of a Flat for your residential purposes. Please see the Sale/ Purchase deed ? Having a electricity connection is not a prof for ownership but only of possession please note.
Now you have to go to the registrar office for getting it freehold by paying some fee amount to the government and note that in this exercise not only your flat will exclusively become free hold but the whole land area of your Brother in-law for which only he has to apply with the land holding authorities.
In your reply you also have not described what is CHS ? Please elaborate it for more clarity on facts.
SK
(Querist) 27 March 2016
Thank you na Sir for throwing some more clarity in this case.
I have registered the sale deed and have also paid the registration fees and stamp duty. CHS is he the Co.op. Hsg. Society where I reside.
The sale deed is between me (along with my husband) & my brother in law.
Anand Bali Adv.
(Expert) 27 March 2016
Dear SK Please correct it is Cooperative Group Housing Society which is to be registered with the Registrar group housing society and if it is not a group housing it is to be registered with the Sub-Registrar properties both are separate entities.There are more frauds in CHS than CGHS where the administration of the society is with the elected members and in CHS there is no such facility and in that land belongs to the owner only which further gives it to the flat holders on lease only. In your case it will be better if you make it free hold from the authorities as in that case lease holding will be terminated in your favour and converted to a free hold holding where you will be the absolute owner of the Flat and after the expiry of the building life you will be share holder of the land in proportionate share as to the existing building holding, please do it.ASAP.
Dr J C Vashista
(Expert) 30 March 2016
Becoming a member of a Cooperative Housing Society (as first member) and principal borrower of loan do not entitle you to be "titleholder" (owner) of the property where your brother-in-law has raised the building.
Whatsoever, the Sale Deed document, registration and Bye-Laws of the CHS is required to be inspected by a local prudent lawyer.
Incomplete information cannot lead to form an opinion, consult a local lawyer with all relevant details.
