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Prashant Karajagi (Enginer)     12 November 2014

Mother deed

I have brought a flat in an apartment in bangalore. The builder of the apartment is telling he will not be handing over the mother deed of the land to the apartment association. and also has mentioned that any of the flat owners do not have the right to ask for the mother deed.

can you please let me know who actually owns the mother deed, is it the builder or the flat owners of the apartment


 2 Replies

Adv k . mahesh (advocate)     12 November 2014

Mother Deed, also known as the parent document, is an important legal document that traces the origin/antecedent ownership of the property from the start (if the property has had various owners). It is a document that helps in the further sale of the property, thereby establishing the new ownership. In case of absence of the original Mother Deed, certified copies should be obtained from the registering authorities. Mother Deed includes the change in ownership of the property, be it through sale, partition, gift or inheritance. It is very important that the Mother Deed records the references to previous ownership in a sequence and should be continuous and unbroken. In case of a missing sequence, one should refer to the records from the registering offices, revenue records or the recitals (preamble) in other documents. The sequence should be updated until the current owner.

Some of the details mentioned in mother deed are listed below:

1. Details of owner and seller, 2. Advance amount paid, 3. Consideration agreed upon,  4.Mode of payment, 5. Time limit for payment of consideration, 6. Block number, 7.Ward number, 8. Location, 9. Road , 10. Door number, 11.Details on surrounding properties

Dalip Singh (Advocate)     13 November 2014

It is better  to go through the Buyer Agreement minutely.   You will get the answer.  Without going through the Buyer Agreement, no opinion can be framed. 

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