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Legal topic: Property Law | City: Pune | For legal opinion | Posted on 18 Feb 2022
My grandmother owned a plot of land and constructed a bungalow on it. She had 3 daughters. She executed a "Sathekhat kararnama" in 1991 with a builder to demolish and construct a standalone building with offices and 3 flats which she bequeathed to each of her daughters in a will. The builder has sold all the offices until 2007, executed a deed of declaration in 2016 wherein the building is styled as a condominium of apartments and executed deeds of apartment for 2 of the 3 sisters. Since, the flats created were nominally more in area than mentioned in the "Sathekhat kararnama", the 2 sisters paid stamp duty for the excess area only using the market value of 2016. Now, when the 3rd sister, in 2022, is trying to get her deed of apartment done, the sub-registrars in Pune refuse to register a deed of apartment saying that only a deed of possession should be done on a Rs. 500 stamp paper and pay the stamp on excess area, since the 3 daughters are the original land owners and they have not purchased the flats. The deeds of apartments done earlier are wrong. The builder is refusing to make a deed of possession. If the 3rd sister makes a deed of possession will it invalidate the deeds of apartments of the other 2 sisters? Does a deed of posession create a marketable title? How does the 3rd sister settle this with the builder?
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