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How to safeguard the land rights of the legal heirs?

Shivendra Pratap Singh

Advocate

06/07/2021/ 12:08:50 PM

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Question: We are the legal heirs of the (late) land owners. Our housing society is registered and it is not ready to give us conveyance deed. Is it possible for the legal heirs of the (late) land owners to demand compensation? I want compensation in lieu of my share of land in society. In case conveyance deed is not done, a housing society can give compensation. Five flats are tenant ownership and therefore they have no record of buying the flat. How can the legal heirs safeguard their rights in this case?

Question from: Tamil Nadu

The society is bound to issue a conveyance deed because you have inherited this property. When the property devolves upon the legal heir of the deceased the society should issue a deed of conveyance. 

Conveyance deed is a final document which a builder has to give while transferring the ownership of land on which a housing society building exists in favour of the society. The illegal owner cannot get share certificate and conveyance deed.

If the builder has conveyed the rights to the society then you can get conveyance deed from the society. Society cannot reject your request to issue a conveyance deed because you have inherited the property. You cannot sell this flat in absence of conveyance deed.

File a declaratory suit

You should file a civil suit if the society does not issue a conveyance deed. Section 34 of the specific relief act empowers the court to declare a right of person in respect of property. In the declaratory suit you should make society as a defendant. The court will summon the society and ask why it is not issuing a deed of conveyance? 

If there is no legal hurdle in your ownership then the court will declare your right and direct the society to issue a conveyance deed.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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