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Joint owner of a property: Who owns the cancelled UDS?

Nitin

Nitin Narkhede  |110 Answers  |Ask -

MF, PF Expert - Answered on Jan 21, 2025

Nitin Narkhede, founder of the Prosperity Lifestyle Hub, is a certified financial advisor with eight years of experience in helping clients design and implement comprehensive financial life plans.
As a mentor, Nitin has trained over 1,000 individuals, many of whom have seen remarkable financial transformations.
Nitin holds various certifications including the Association Of Mutual Funds in India (AMFI), the Insurance Regulatory and Development Authority and accreditations from several insurance and mutual fund aggregators.
He is a mechanical engineer from the J T Mahajan College, Jalgaon, with 34 years of experience of working with MNCs like Skoda Auto India, Volkswagen India and ThyssenKrupp Electrical Steel India.... more
G Question by G on Dec 08, 2024Hindi
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Myself and my sister as joint owner of a property enteredvinto joint development agreementvwith a builder for construction of 8 flats in 4800 sq. Ft land. 2400 sq. Ft was retained for us with 4 flats constructed by builder to be given free of cost and 2400 sq. Ft UDS sold to builder thro PGPA for him to sell 4 flats. After selling 3 flats with 1800 sq. ft UDS by builder, we cancelled GPA and registered with SRO for retaing 600 Sq. ft UDS for our use with the consent agreeing to pay compensation for this cancel of GPA. Now I want clarification as to the ownership of the above said cancelled UDS of 600 Sq. ft as Joint owner or myself as per Joint developement agreement with a rider that myself will take possessionof 600 UDS by cancelling GPA later with builder and paying compensation st the mutually ahreed price. Builder says that myself is the owner for the cancelled 600 Sq. ft retained. I want to know whether I hv to register settlement deed for partingvwith 600 Sq. ft UDS by my sister or the statement of builder as myself will be the owner for 600 UDS regisyeted by cancelling GPA signed by the builder and both of us. Pl. Clarify.

Ans: Dear G,
The ownership of the 600 sq. ft. UDS (Undivided Share of Land) depends on the terms of the Joint Development Agreement (JDA) and the GPA cancellation deed. As per the JDA, the builder agreed to transfer the 600 sq. ft. UDS to you after GPA cancellation in return for compensation. If the GPA cancellation deed and subsequent agreements clearly state that this UDS belongs solely to you and these are registered with the Sub-Registrar’s Office (SRO), you are the legal owner. However, if your sister’s name still appears as a co-owner in the original title deed, you will need her to execute a **Settlement Deed** or **Gift Deed** in your favor, which must be registered to confirm your sole ownership and avoid disputes. The builder’s statement that you are the owner is valid only if it aligns with the registered documents. To confirm ownership, verify the SRO records to ensure the transfer has been legally recorded. If any gaps exist, consult a property lawyer to review the JDA, GPA cancellation deed, and builder’s agreement to ensure proper registration of ownership and resolve any ambiguity. This will safeguard your rights and provide clarity regarding the 600 sq. ft. UDS.
Regards, Nitin Narkhede -Founder Prosperity Lifestyle Hub,
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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Ramalingam

Ramalingam Kalirajan  |10865 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 10, 2025

Asked by Anonymous - May 09, 2025
Money
Sir, we had a dispute in our ancestral property we approached the court and the verdict said we are entitled to a portion of the property The dispute was the land was sold without our knowledge etc., after getting the verdict we got patta, registration in our name. Now we are planning to sell the land, a lawyer said get a ratification deed, I don't know what it is and also weather it is needed or not. The lawyer called us and said the the other party who has purchased the land illegally is not agreeing to sign and is asking money to settle the matter as he has purchased the land. Even after receiving court orders this kind of dodging is happening. The amount of money he is asking is senseless, even if I sell the land I wouldn't get that much amount, I am unable to put in writing many other problems kindly advise what next steps to take. also let me know what are all the documents to have as a owner. Thank you
Ans: You have taken rightful steps. Court verdict is in your favour. That shows your legal ground is strong.

But still, the other party is asking for money. That too, an unfair amount. You also mentioned a lawyer suggested getting a ratification deed. Let us try to understand the full situation and assess all possible options. We will also cover what documents are needed to prove your ownership.

This reply gives you a 360-degree view. It will help you make a sound and confident decision.

Understanding Your Current Legal Standing
You said the land was sold without your knowledge. That makes the original sale illegal. The court has agreed with you. That is a key win for you.

You now have patta and registration in your name. These are strong documents. They show you have legal title.

Based on this, you are now the legal owner. That means you have the full right to sell the land. But the buyer must also be confident. So legal clarity is very important.

What Is a Ratification Deed?
A ratification deed is a It confirms a past act done without proper authority. The current party gives approval to that act.

In your case, it seems the buyer who bought the land earlier is being asked to “ratify” that sale. That is, to agree that you are the rightful owner now.

This is not a mandatory document by law. But it is sometimes used to make the title stronger. Some buyers or their banks ask for it.

However, since the court has already ruled in your favour, you may not legally need it. You already have the stronger claim.

Why Is the Buyer Still Causing Issues?
The person who bought the land earlier might feel he lost money. He may think the sale to him was legal. But since the court disagreed, he now holds no right.

His demand for money is unjust. It is a pressure tactic. He is trying to recover his loss by troubling you.

You are not legally required to pay him. He has no power to stop your sale.

Assessing Options Now
You can now evaluate your next steps from three angles – legal, practical, and financial.

Legal Options
Talk to your lawyer again. Ask: is a ratification deed mandatory in your case?

Get a written legal opinion. This should clearly mention your rights and position.

File a complaint if the other party is threatening you or asking money.

Send a legal notice through your lawyer to that person. Mention that he has no right now.

Practical Options
Try selling to a buyer who trusts the court order. Show them all documents.

Explain clearly that title is clean. Show the judgment, patta, and registration.

Use a reputed real estate lawyer for the sale. That gives buyers more confidence.

Financial Assessment
Do not agree to pay huge amounts. It may cause loss for you.

If needed, consider a small settlement. But only after full legal review. And only if it makes the sale smooth and quick.

Ask yourself: Even if I settle, will the person agree to give in writing? If not, don’t pay.

Must-Have Documents to Sell the Land
As a rightful owner, you must hold the following papers:

Patta in your name (this is land ownership proof)

Registered sale deed or title deed (issued after the court judgment)

Copy of the court verdict

Encumbrance Certificate (EC) (shows your name as the current legal holder)

Legal heir certificate, if you inherited the land

Property tax receipts in your name

Aadhar and PAN card copies

Suggested Steps to Make Sale Smooth
Get a detailed Title Certificate from a lawyer. It should mention the court case and outcome.

Keep a summary note ready. It should explain how you became owner.

Ensure name match across all your documents.

Keep a certified copy of court order with you at all times.

Use a reputed property consultant or broker only if needed. Prefer buyers who are local and familiar with such cases.

Emotional and Mental Pressure
You also mentioned you are facing many other issues. That is understandable. Land disputes take a heavy toll on health and peace of mind.

Please do not worry. You already have legal strength.

You have cleared a big milestone by getting the court’s support.

Don’t allow fear or threats to stop you.

Stay strong. Keep family informed. Talk regularly with your lawyer.

How Certified Financial Planner Can Help
A Certified Financial Planner (CFP) can guide you better with your sale proceeds.

If you plan to sell, prepare a written cash flow plan.

Think about your family’s short-term and long-term needs.

Keep emergency funds aside. Don’t invest all money at once.

Mutual funds managed by professional advisors can be considered. They offer long-term wealth building.

What Not To Do
Do not deal in cash. Always use cheque or bank transfer.

Do not sign any paper without lawyer check.

Do not get emotionally disturbed by their false threats.

Do not delay your next steps due to confusion or fear.

Finally
You have shown good courage. You followed the legal process. You now own the land as per law.

The other party is only trying to misuse your fear. Do not fall for it.

If the buyer still refuses to cooperate, avoid them. Choose another buyer.

If a ratification deed is insisted by your new buyer, ask your lawyer: Is it really needed?

If not needed, move ahead without it.

If needed, try again to convince the other person. If they demand unreasonable money, don’t agree.

Let your lawyer send notice. You can also explore police help if needed.

Always work with proper documents. Keep everything in writing.

Keep calm and move forward. With legal support and proper documents, you will win.

If you need help with managing the money after sale, we can help with a long-term financial plan.

Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

..Read more

Ramalingam

Ramalingam Kalirajan  |10865 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Sep 08, 2025

Money
Hi Sir, I have purchased a flat in joint venture. The registration was done on May 2014. The sale deed was done by builder side. The builder has given power of attorney to that person who was signed in the sale deed. Now, the builder put on a case like the sale deed is in valid. He registered a case on March 2025. My question is is this the case is valid or not. I paied 90% of amount through Bank, in this 80% was done through Bank loan. I heard till 12 years of registration, can register a case like sale deed is not valid, the signature is wrong etc it it true? My case registration was done around 11yrs 10 month's. Please guide me. Thanks in advance Mohan.
Ans: Property dispute cases create deep stress. You acted with trust. You paid almost full amount. Now a legal challenge has started after many years. I will explain the matter carefully. I will also give you a 360-degree perspective on what you should do next.

» understanding your situation clearly

– You bought a flat in joint venture.
– Registration was done in May 2014.
– Sale deed was signed by a person with power of attorney from builder.
– Builder now claims the sale deed is invalid.
– Builder filed a case in March 2025.
– You paid 90% of the amount.
– 80% came through bank loan.
– Almost 11 years 10 months have passed since registration.

This is a serious dispute. But law is usually on side of a bonafide buyer.

» checking validity of sale deed timing

– Law gives time limits for challenging registered documents.
– The general period is 12 years for property related challenges.
– But sometimes it is counted from the date the cause of action arises.
– In your case, the registration is old and in public record.
– You paid money, took bank loan, bank verified documents before sanction.
– All these make your position stronger.
– A builder suddenly claiming invalidity after nearly 12 years weakens his case.

Still, final validity can be decided only by a court after full hearing.

» power of attorney angle

– Sale deed was signed by a person with power of attorney from builder.
– If that power of attorney was valid at that time, the sale deed is valid.
– The builder giving POA means he authorised that person to sign.
– Unless the POA was fake or revoked before signing, builder cannot deny it now.
– You can obtain certified copies of POA from sub-registrar office for proof.

Proper POA is strong defence for your sale deed.

» bank loan verification importance

– Banks do not release loan without legal verification.
– Bank lawyers check title, encumbrance, and chain of ownership.
– Your bank releasing 80% means documents passed their due diligence.
– This legal verification helps you show that you acted in good faith.

It adds weight to your defence in court.

» legal action now required

– You cannot ignore this case.
– Hire a property lawyer experienced in civil cases immediately.
– File written statement with all proofs:

Sale deed copy

Bank loan sanction letter

Bank legal opinion copy

Receipts of payment

Builder receipts and allotment letters

POA copy and registration details
– Ask your bank to join as a party if needed.

Early legal response is critical. Courts act on evidence, not assumptions.

» about the 12-year period you heard

– There is a 12-year period in property law, mostly related to adverse possession or limitation to recover possession.
– In challenging a registered sale deed, there is usually a three-year period for challenging due to fraud or mistake.
– Some cases allow longer if claim is about title, but delay weakens the case.
– Courts do not favour builders waking up after a decade to dispute their own act.
– But limitation period is technical and depends on case facts.

Only your lawyer can confirm based on case documents.

» what to do financially meanwhile

– Do not panic sell or stop loan payments.
– Continue paying EMIs to avoid bank action.
– Keep all communication and legal notices safe.
– Avoid emotional settlement without lawyer advice.
– Do not sign any new documents with builder without legal vetting.

Staying calm and structured keeps you strong in court.

» risk control for future

– Always check POA carefully in property deals.
– Prefer direct builder signatory if possible.
– Get independent legal opinion before registration.
– Keep certified copies of all legal papers forever.
– Inform family about location and safety of documents.

This avoids future disputes and confusion.

» final insights

Your case appears strong. You bought in good faith, registered property, paid almost full, and bank verified. Builder challenging after nearly 12 years is weak unless he proves fraud. Still, law works on evidence and process, not assumptions. Engage a competent property lawyer. Prepare all papers. Cooperate with bank. Respond on time. Do not panic. Courts usually protect genuine buyers when builder tries to undo his own transaction after such a long period.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

https://www.youtube.com/@HolisticInvestment

..Read more

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Naveenn

Naveenn Kummar  |233 Answers  |Ask -

Financial Planner, MF, Insurance Expert - Answered on Nov 30, 2025

Money
Dear Naveenn Ji I am 61 yrs old-retired person. I had cardiac procedure with pacemaker 3 yrs back. I had one Medical insurance which was quite useful and was just sufficient at that time to meet expenses. Now I want to enhance the limit say from 10 lac to 20 lac which is not happening with the existing one. Can you suggest what best can be done and how for medical expenses
Ans: We will need to check with different health insurance companies and share your case history in detail. There are chances of getting a policy, but it depends on the underwriter’s assessment. Age, any other medical conditions, pre-existing diseases and the severity of the earlier cardiac issue all play a role.

Sometimes insurers give a counter-offer with a higher premium, a co-payment clause or a permanent exclusion for heart-related conditions while covering everything else.
We also need to check whether porting is possible or if a fresh policy is better.

One important point: please do not cancel your existing policy under any circumstance until a new cover is issued and active.

Alongside insurance, it is always wise to keep a reasonable emergency fund in liquid form such as fixed deposits or liquid mutual funds to handle any immediate medical requirement.

please feel free to ask any further questions you can connect us 044-31683550 if facing any problem

Best regards,
Naveenn Kummar, BE, MBA, QPFP
Chief Financial Planner | AMFI Registered MFD
https://members.networkfp.com/member/naveenkumarreddy-vadula-chennai

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Radheshyam

Radheshyam Zanwar  |6727 Answers  |Ask -

MHT-CET, IIT-JEE, NEET-UG Expert - Answered on Nov 29, 2025

Asked by Anonymous - Nov 28, 2025Hindi
Career
Sir I have 5 subject in Nios board class 12 in 2026 and the subject names is Physics, Maths, English, Physical Education and in place of Chemistry is Biotechnology or vocational subject Valid for JOSSA 2026 So it will be eligible for Jossa Counselling For BTech in IITs or NITs+System According to JOSSA COUNSELLING 2025 Annexure 2(a)Annexure 2(b) The marks scored in the following five subjects will be considered for calculating the aggregate marks and the cut-off marks for fulfilling the top 20 percentile criterion. Candidates must also pass each of the following subjects in Class XII (or equivalent) to qualify for admission to the NIT+ System: o For B.E./B.Tech. programmes i. Physics ii. Any one of Chemistry, Biology, Biotechnology, Technical Vocation subject iii. Mathematics iv. A language (if the candidate has taken more than one language, then the language with the higher marks will be considered) v. Any subject other than the above four (the subject with the highest marks will be considered). Please Guide Me Sir
Ans: Your question is unclear because you have combined many queries into one. However, I will attempt to answer based on my understanding. Please do not mind; from the question, I can guess that you may be facing problems with the subjects, either in terms of understanding or from other aspects.

Your NIOS 2026 combination (Physics, Maths, English, Physical Education, and Biotechnology instead of Chemistry) complies with JoSAA Annexure 2(a)/(b) requirements, so you will be eligible for JoSAA counselling for BTech in IITs/NIT+ system, subject to passing all subjects and meeting the JEE Advanced and overall eligibility/percentile criteria. However, it is highly recommended to refer to the latest brochure published by NTA on the official website of JEE.

Good luck.
Follow me if you receive this reply.
Radheshyam

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