Proof for absolute title
siri
(Querist) 27 November 2011
This query is : Resolved
sir,Actually I was defendant(vendor) in one case.I also won that case against plantiff(vendee) who filed case on me for recovery of money suit of Rs 25000 from me stating that I am not absolute ownership of my property as pee sale agreement terms & conditions b/w us.AT that time i strongly defend that I am absolute owner & so there is no need of return of earnest money by submitting evidence that had with me.By listening our 2 side arguments & with available evidence Court decreed in my favour i.e it cancelled the filed case of Plantiff agaist me.Now my question is
1)Actually I am not prayed for Title declaration but I win case against plantiff i.e vendee.So now can I use this court decree as Title document for me that is I can show it as I had abslute ownership
Guest
(Expert) 27 November 2011
you told that you strongly defended the case and now what you want to declare from the court as you are the owner already
siri
(Querist) 27 November 2011
my doubt is whether with that court decree,can I use it as strong document for my absolute Title on my said property
I.S.Roy,Advocate
(Expert) 27 November 2011
Dear Siri
Not like that irrespective of this decree that you might have original title deed being owner so, a decree can not be a title in this matter
I.S.Roy, Advocate
adv. rajeev ( rajoo )
(Expert) 27 November 2011
Yes you can use it to show that you are the absolute owner
siri
(Querist) 27 November 2011
sir,actually court has framed question like whether vendee argument is right to recover his earnest money from me.Finally it commented that vendor i.e me had showed Title of his property & there is no merits in argument of vendee i.e plantiff.Hence suit is cancelled i.e filed by plantiff(vendee) against me(defendaant).WITH THIS COURT DECREE CAN I SHOWED & USED IT AS STRONG PROOF THAT I HAD ABSOLTE TITLE ON MY PROPERTY.
Raj Kumar Makkad
(Expert) 28 November 2011
A Civil Court Decree passed against the vendee is a strong tool in your hands now.
siri
(Querist) 28 November 2011
Thanks for ll experts who had replied.I also requested to clarify below doubt also.
1)There is again required to file suit by me for declaration of Title Inorder to avoid any future litigant OR WITH Above COURT DECREE it is sufficient to me to show it as strong PROOF for me that I had absolute Title on my property as court had commented in final decree that vendor i.e I had proved Title of my property & also there is no merits in argument of vendee i.e plantiff.Hence suit was cancelled filed by plantiff(vendee) against me(defendaant).PLZ reply
Guest
(Expert) 28 November 2011
yes Mr. Siri now you explained your query very right you not require to file another case for your ownership
R.Ramachandran
(Expert) 28 November 2011
Dear Siri,
I am not clear as to what is your problem.
According to the facts so far revealed by you, you have the original registered documents in your name. This proves your title. You are also in possession of the property. Thus, there is no question/challenge to your title over the property.
But only in the sale agreement, where you forfeited the advance money given by the buyer because of breach of the terms of the agreement, the buyer challenged/questioned/doubted your title to the property and therefore challenged that you could not have forfeited the advance.
That case you successfully fought and proved your title based on the documents in your favour and the court accepted your stand.
There ends the matter.
Now, where is the need or necessity for you to seek any further declaration of title by the court in your favour? There is no such need to get any such court declaration to strengthen your title.
Shailesh Kr. Shah
(Expert) 28 November 2011
Shri R.Ramachandran rightly caught main point of query. I agree with his views that "There is no such need to get any such court declaration to strengthen title."
siri
(Querist) 28 November 2011
Thanks for all.Just I phrased this question because I defend my case by showing evidence in court for support of my absolute Title is family settlement arrangments that was recorded in plain paper.SO with this court decree can I used it as strong proof for my absolute Title on my property where ever it is required to me just like title document for absolute property
R.Ramachandran
(Expert) 28 November 2011
Please tell whether your name is mutated in the records as owner of the property or not.
Shailesh Kr. Shah
(Expert) 28 November 2011
Can you elaborate more about your family settlement arrangement?
and who is the plaintiff in decided case?
is your family's member.
siri
(Querist) 28 November 2011
my name is already mutuated in municipal records for my said property.
But PLZ NOTE that actually I did not prayed in court for Title declaration but I defend the case that I had absolute ownership rights on my shared property & in my enjoyment & so no need of giving earnest money to vendee .Finally court had commented that for framed question like whether vendee argument is right to recover his earnest money from me(vendor).Finally it commented that vendor i.e I had showed Title of my property & there is no merits in argument of vendee i.e plantiff.Hence suit is cancelled i.e filed by plantiff(vendee) against me(defendaant).
siri
(Querist) 28 November 2011
shilesh sir,Plantiff is the outsider i.e vendee.Just I tried to sale my shared property which I had documents like family arrangment on my share & with municipal Tax in my name for said property
M V Gupta
(Expert) 28 November 2011
Dear Mr. Siri, form your latest posting it is observed that the document you had produced in the court in support of your title was family settlement recorded on plain paper. I should say that you are lucky to get a favourable judgement on the basis of the above plain paper settlement. But pl note any family arrangement/settlement involving partitioning of the immovable property reuqires to be stamped and registered. An unregistgered document cannot be relied on in a court of law as proof of your title. Hence pl take action in that reard. A registered deed of family arrangement can be produced by you as document of title.
M/s. Y-not legal services
(Expert) 28 November 2011
