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Swapna (Manager)     18 January 2010

Ownership

 Hi,

 

I am Swapna from chennai.  My dad has a property of 1500 sqft. in which ground floor will be in his name. Firstfloor on my name. 

My doubt is if first floor is in name means how can i registered the first floor.  

 



 7 Replies

R.R. KRISHNAA (Legal Manager)     18 January 2010

In whose name the entire property currently stands?  If it stands on your father's name your father can gift the first floor in your name by way of gift deed or settle the first floor in your favour by way of settlement deed.  You can register either the gift deed or settlement deed.  It is proof of your ownership.

1 Like

Swapna (Manager)     18 January 2010

Hi Krishna,

Thanks for your reply.  as per your text u say that it is a gift deed or settlement deed. In case if my dad sells the ground floor to an thrid person, then how come i will be owner of the 1st floor, when the ground floor is not belonging to me.

 

 

R.R. KRISHNAA (Legal Manager)     18 January 2010

If your dad sells the ground floor, the sale will be specifically in respect of the ground floor only and you shall be the owner of the first floor in view of the gift/settlement deed.  I mean to say that your dad sells only the ground floor of the building and not the first floor.   Sale can be done not only for the whole buildling but even for part of the building i.e., selling ground floor alone retaining the first floor and vice versa.  Ok. 

Mani Narayanaswamy (Lawyer)     18 January 2010

Ms.Swapna,

I may not fully agree with Krishna. You've got get the settlement deed from your father in respect of the land. That is to say an undivided share in the land together with the building on the first floor.  Just getting a settlement deed in respect of the first floor alone is not possible without a right over the land.

Swapna (Manager)     18 January 2010

Hi Mr.Mani,

So u mean to say that the ground floor is undivided share in which i too have rights. If my dad registered first floor in my name as a gift deed, in which one partion of ground floor will be mine. Am i correct?

 

Mani Narayanaswamy (Lawyer)     19 January 2010

It goes like this. You will get an undivided share in the land. This cannot be specifically identified or demarkated and absolute right over the first floor of the building.  It is not that you will a right in one portion in the ground floor.  You will have a undivided share in the land only.

1 Like

Swapna (Manager)     21 January 2010

Thanks Mr.Mani.

When i checked with my advocate he said that undivided share is not applicable for the property which has been registered after 1994. In such case what can  i do?

 


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