Can remaining co-owners redevelop property if one co-owner is missing?
Four registered co-owners (A, B, C, and D) jointly own a plot in Kolkata under a single registered sale deed executed approximately 50 years ago. The deed does not demarcate the individual shares of the four co-owners. A building was constructed on the property around the same time, but it has now become structurally unsafe and requires demolition and reconstruction. We (A, B, and C) intend to apply to the Kolkata Municipal Corporation (KMC) for sanction of a building plan. However, co-owner D has been untraceable for over 25 years. His whereabouts, whether he is alive or deceased, and the identities of his legal heirs are all unknown. We seek guidance on the legal process to establish a clear title in view of the age of the deed and D's prolonged absence, including any documents or court proceedings that may be required. We would also like to know whether KMC can grant building plan sanction based only on the consent of A, B, and C, with the issue relating to D's share being resolved separately at a later stage. We would appreciate guidance from a lawyer experienced in property and succession laws in West Bengal.
Dear Client, Since the property is jointly owned under just one sale deed, any redevelopment usually needs the consent of all co-owners or, in case of absence, their legal representatives. But because co-owner D has been missing for more than 25 years, you should get in touch with a competent civil court, to seek the right declaratory relief or some other appropriate remedy, so the legal position about D’s share can be properly fixed, and if it becomes necessary, the legal heirs can be located or represented. KMC may insist on a clear title and consent coming from every co-owner, before they will entertain or grant building plan sanction. Thank you for choosing Prime Legal.
If one of the registered co-owners has been untraceable for over 25 years, you should first establish the legal status of that co-owner through appropriate court proceedings before proceeding with redevelopment. KMC generally requires the consent or legal representation of all co-owners before granting building plan sanction. It is advisable to obtain the necessary court orders regarding the missing co-owner's interest and title before applying for redevelopment to avoid future ownership disputes and legal complications. For further legal assistance contact us on our helpline number.
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