Home | Legal Advice | Property Law | How to safeguard the land rights of the legal heirs?

How to safeguard the land rights of the legal heirs?

Shivendra Pratap Singh


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

Reading Time:

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


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

Can husband gift mother’s property to his second wife?

Question: Can husband gift mother’s property to his second wife? My husband married me after his divorce. He has a daughter from his first marriage and is living with her mom. I have also a daughter. My question is that if my husband gift me his mother's property to...

Can a Builder charge interest on Maintenance?

Question: Can a Builder charge interest on Maintenance, Maintenance security deposit, Prime lending charges (PLC), and Documentation charges? The property was already built and ready to move. But due to a delay in payment, I had not taken possession yet.  Although I...

Recovery of money from elder brother

Question: My elder brother and two sons took a loan from me for agricultural land development and my brother gave surety for that amount. Later my brother's sons did not return money so went into court and in court my brother agreed that “he needed to pay money for my...

Buying property without home loan 

Question: I have booked a flat for Rs. 51000 in Badlapur, Maharashtra. The price of that 1 bhk is 28 lakhs. I am buying that property without a home loan. The builder said you will get possession till the end of July 2022. But the housing website is showing June 2023...

How to recover possession of my land?

Question: Buyer has illegally encroached on my grandfather's property. In this condition please suggest how to recover possession of my land? I am fighting for my grandfather's property. My Grandfather has agricultural land of about 17 acres. In 1988 my grandfather...

Builder address not available for RERA filing 

Question: Can we file a case against the builder if his address is not available for RERA filing? Builder address given during registration not active. How to file a complaint to RERA if the builder address is not found to send a summon. He has left that office but...

Stepmother demanding full share in father’s property

Question: Our property was transferred from pagdi to ownership and no registration was done in the name of my mother. Stepmother is demanding full share in father’s property. My mother died in 1999 and my father take noc from all children. Three sisters and 1 brother...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.