Question: I intend to purchase a plot adjoining the proposed 400 feet road in the outskirts of Chennai. The only available parent document is Settlement Deed dated May, 1951 through which the owner lady settled the properties which she has purchased from out of her own funds and enjoyed till that date to her two sons and one daughter. She has also kept some properties for the expenses of herself and her husband. Both the husband and wife are no more now. The two sons of the lady has given General Power of Attorney to two persons (one being the son of one of the person) for development of their share of the properties into housing sites and to sell the approved house sites in 2003. Based on the GPA, they have applied to CMDA, which has also approved the layout. I have written to CMDA whether the plot which I intend to purchase is in the acquisition list of CMDA for the proposed 400 feet road construction and I have got a reply stating that the Survey Number in which the plot is coming is not affected by the revised Outer Ring Road alignment.
Further, there is no encumbrance excepting the two sons till date as per the Encumbrance Certificate. Now, I request you to inform me, whether the parent document of 1951 (Settlement deed only and it is stated that there is no other document available for the purchase of the property by the Settler lady) is enough and further the reply received from CMDA is in order to get satisfied that the plot will not be under any acquisition threat in future. Only copy of the Parent Document (Settlement deed) will be given to me when I purchase the plot. Is this enough? Further, I request you to advise me whether the above details are enough before purchase of the plot or should I get further details/documents?
V. Mohan, Nammalwarpet
Mr Srinath Sridevan replies:
It is not possible to answer your query without looking into the Settlement Deed in question. I therefore recommend that you see a lawyer, taking a copy of the Settlement Deed with you so that you will be in a position to have your queries addressed.
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