Legal Question in Real Estate Law in India
My father signed an agreement with the builders (his younger brothers) to construct 4 apartments and 2 shops on a land to which he holds the title deed.
On completion of the construction, he gifted two apartments and one shop to his brothers. The brothers are holding on to the original conveyance deed and are not willing to part with it. What are the choices available to my father? Without the original conveyance deed he is unable to prove ownership of the balance two apartments and the shop.
2 Answers from Attorneys
You did not specify as to how original came to be possessed by person other than your father. Therefore, no comments can be made for return of original.
In the meanwhile, if title is to be proved before a court, conveyance deed can be summoned. And if title is to be shown to authorities etc. even a certified copy is sufficient.
A civil suit may be filed for return of documents and / or for declaration of his ownership.
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