amit_mtbc@yahoo.com
Asked February 19, 2016

Want to sell rooms which is under Calcutta High Court

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I have 3 rooms in a building in Burrabazar area for the past 70+ years of which 2 rooms was in my grandfather's name and one in some other's name but we have all the rent receipt of that room also. The building is presently under Calcutta High Court. Now as I live in some other place, I want to sell my rooms. My questions are: 1. I have the right to sell the rooms to someone. If yes, what documents I have to give him/her as I only have rent receipts. If no, then what to do with those rooms. 2. Is I am in legal trouble if I sell the rooms. Please suggest..Thanks

Answer 1

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Ragini Gupta
To be able to sell these rooms, you would need to prove your ownership over them. There are thus certain documents that a buyer would almost definitely wish to scrutinize, in the absence of which a buyer is unlikely to proceed with the transaction. These include the letter of allotment and the previous sale deed which will help the buyer to o trace the previous ownership in case of resale. In addition to this an encumbrance certificate which will show that the land or property does not have any legal dues. Other documents a buyer would wish to scrutinize would include society documents and a copy of the building plan and occupation certificates, approved by the competent authority. Though it is not ‘illegal’ to attempt to sell the property without these papers, a buyer would not be willing to enter a transaction without proof of your title over the property, since in the event of a dispute, the buyer in turn would be unable to prove his title over the property. Rent receipts would not be adequate to prove title over the property. In the event that the papers are lost, certain steps can be taken to enable you to sell the rooms. In case the papers were stolen or are missing, an FIR should be filed, and a copy of the complaint retained for future reference. In addition to this, it would be advisable to publish an advertisement regarding this in English/local newspapers. Once this is done, on the basis of the FIR, you may apply for a duplicate share certificate from the housing society. Once your application is approved in the society meeting, the duplicate share certificate would be issued to you upon the payment of a fee. Then, you would need to obtain an undertaking that the original property papers are lost/missing, on a stamp paper. The undertaking should mention the details of the property, FIR number and a copy of the published newspaper advertisement. This undertaking should be registered, attested and notarized. One can also apply for a duplicate of the original sale deed from the registrar’s office, as the records of all such transactions in the relevant jurisdiction are maintained there. A copy of the FIR, text of the advertisement, undertaking and share certificate would all have to be deposited with the registrar along with a fee. After this, a duplicate sale deed would be issued. It is important to note here that the exact procedure is dependant on the rules of the High Court governing the jurisdiction where your property is located. Therefore it would be necessary to engage the services of a lawyer who is familiar with the rules governing the Court, to assist you with the procedures.   Sources: http://articles.economictimes.indiatimes.com/2012-04-07/news/31304922_1_sale-deed-encumbrance-certificate-sale-agreement http://articles.economictimes.indiatimes.com/2013-07-01/news/40307770_1_documents-police-complaint-housing-society http://articles.economictimes.indiatimes.com/2012-09-24/news/34062142_1_documents-police-complaint-public-notice    
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