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Gourav Verma (Student)     09 January 2024

Property ragistration - confirmation deed

 

Hello, 

1) "I purchased a flat from the seller in 2004 and continued the ongoing bank loan, which was in the name of the first owner.

2) I made a confirmation deed in 2011 and paid the required stamp duty.

3) In 2018, I paid off all bank loans.

4) When I applied for society membership, the society disallowed my membership claiming that my confirmation deed is invalid. They allege that during the flat's registration at Ragistrar office, the original allotment letter was in the bank's custody, and I committed forgery by creating a confirmation deed without attaching the original allotment letter.

5) The first owner and the bank never made any claims, and the first owner even provided a written NOC in our favor.

 

Sir, my concern is - 

1) Yes, it's true that during registration in 2011 (confirmation deed) I attached a photocopy of the Allotment Letter since the original was with the bank, and bank loan close around 2018. 

2) Making a confirmation deed and paying stamp duty without attaching the original allotment letter (photocopy was attached) is fraudulent? 

What's the solution to this? 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     09 January 2024

Even though the procedure followed might be incorrect or irregular,  the registration was done on your name. 

The society cannot object to this at this stage. 

You may consult a local advocate and initiate legal proceedings against association as per procedures of law. 

1 Like

Gourav Verma (Student)     09 January 2024

***some corrections**** can't able to edit in main post so! 

1) started living in a flat from 2004 done confirmation deed, power of attorney, MOU and continued the ongoing bank loan, which was in the name of the first owner. 

2) confirmation deed which made in 2004 have done ragistration in 2011 and paid the required stamp duty.

T. Kalaiselvan, Advocate (Advocate)     10 January 2024

No doubt the confirmation deed or the MOU or the power of attorney deed is not a valid title document to prove your title, you can claim to declare title on the basis of adverse possession 

1 Like

Gourav Verma (Student)     10 January 2024

Thanks for the response Sir. 

Sir, original seller is not claiming, they are ready to co-operate. 

Society is claiming my confirmation deed is not valid, because at the time of ragistration one document i.e. allotment letter was with bank. And I made a forgery to do so. 

 

Some other following points - 

  1. If the tenant was permitted by the landlord to possess the property, it will not be considered adverse possession. However, if the landlord terminates the permissive possession and the tenant does not vacate the property, they may be liable for wrongful possession and may need to pay compensation.
  2. Adverse possession cannot be claimed if there is no valid claimant for the property, i.e., if nobody is claiming ownership of the property. In such a case, the right over the property cannot be acquired through adverse possession.

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