Ownership paper of land - will distributed among floor owner

This query is : Resolved 

Guest (Querist)
24 February 2021

Hi Team,

I have a question regarding the ownership papers chain.

The builder of the house purchased a land from a party and then he constructed a four storey building on it. I happened to be one of the purchaser of the floor in that building. I have got the sale deed registered in the registrar office and have the original papers for that.

Now the builder tells me that you can keep the sale deed but the chain of the ownership will be kept with him and will not be distributed among the storey owners. I am not sure if that is the law or the chain of the papers has to be distributed equally between the storey owners.
If the builder is not giving the original chain of the papers, Can I claim it in the future when I plan to sell it? What should be the ideal step i should take?

K RajasekharanOnline (Expert)
25 February 2021

It seems you are speaking about the prior documents in original by the term “chain of documents”.

The original prior documents can and would be with only one person involved in the transaction and that should be mentioned in the subsequent documents. Based on such information anyone can easily collect the details of all the prior documents.

Anyone can get a certified copy of a sale deed from the sub registry. When the original of a prior deed is with another person as per your original sale deed, you can prove that sale deed by producing a certified copy of it, as per evidence act.

That somebody is keeping all the original prior deeds is not at all a problem for you.

You can apply for encumbrance certificate in regard to your property and get all the details concerning the property easily.

krishna mohanOnline (Expert)
25 February 2021

Builder can hand over all original and title deeds to one of the owners or to an association managing the flat. Since he or the owner of the land sold the property, the current owner(s) need to possess that as for any sunsequent sale or loan purposes it may be required. Alternatively he can give an undertaking that original docs. duly listed are with him for ..... purposes so that for any future requirements he can submit for verification.

Guest (Querist)
25 February 2021

Thank you for your reply.
I have a another question in continuation to the one above asked.

If the builder refuses to give the “chain of documents” or refuses to sign off the undertaking. What are the possible actions i can take to get it??
1. I have the photocopy of the original chain of documents. Will that be sufficient in case i wish to sell the floor in future?

kavksatyanarayanaOnline (Expert)
25 February 2021

You have to obtain the link documents (chain documents) relating to your land/flat from the Sub Registrar's office concerned. And now in many states, one can download a copy from the website of IGR of the state.

Guest (Querist)
25 February 2021

I have the floor papers. I was asking for the prior owners chain of documents. What can i do to obtain those documents from the builder?

Dr J C VashistaOnline (Expert)
26 February 2021

The builder may or may not provide original chain of title documents to you or other purchasers, however, it is your responsibility to verify marketable title of the plot where the building has been raised.

Guest (Querist)
26 February 2021

Thank you Dr JC sir, if the builder do not provide the original chain of the documents. How will i be able to sell the floor in future?? Will i be able to sell using the photocopy of the original chain of documents??

Dr J C VashistaOnline (Expert)
27 February 2021

Yes, you can sell the property with photocopy of chain of ownership.

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