Notary land documents
naveen kumar v
(Querist) 15 December 2016
This query is : Resolved
Hi,
Good evening!!
My father purchased a land of 100sq yards in 1984. We have only agreement of sale documents. We are paying ghmc tax,electricity bill, water bill till date. This land is not registered from my side.Now, previous owner son in law, today saying that he already registered that land and threatening us to vacate. We have only agreement of sale,notarized documents of 1984.
Kindly help us to solve this issue and how to proceed further.
Thank you for your time and consideration.
Kumar Doab
(Expert) 15 December 2016
You have suffered from huge delay.
The agreement to sell was with your father.
The time period to register, and other clauses are of importance.
You may/may not have any rights to register as per agreement.
Approach a very able counsel specializing in revenue/property/civil matters.
vamsi
(Expert) 15 December 2016
You have the tax receipts more than 12 years than consult a senior counsel and file declaration of title suit on the basis of adverse possession in the competent court
vamsi
(Expert) 15 December 2016
You have the tax receipts more than 12 years than consult a senior counsel and file declaration of title suit on the basis of adverse possession in the competent court
Siddharth Dev
(Expert) 16 December 2016
I suggest you kindly consult with lawyer and as notarized paper and agreement to sell has transaction in 1984 so I think you may get relief but before coming to the conclusion he should consult lawyer with relevant documents
Kumar Doab
(Expert) 16 December 2016
Agreement to sell, tax receipts,water/electricity bill payment etc does not confer ownership.
Kumar Doab
(Expert) 16 December 2016
Claim of adverse possession may not necessarily succeed.
Go thru guidelines of apex court at:
http://www.lawyersclubindia.com/experts/Property-law-601596.asp
P. Venu
(Expert) 16 December 2016
The facts posted reveals that you have been put in possession of the land but the deed has not been executed. Certainly, your possession is unsecured. However, the 'locus standi' of the son-in-law is equally relevant.
Adverse possession could be a possible defence, if the matter reaches the court. But every thing depends upon the facts and circumstances pleaded and the evidence thereof.
Rajendra K Goyal
(Expert) 16 December 2016
Agreement to sell, tax receipt etc. are not the title of property.
If other party is having sale deed in his favor, he is owner.
Discuss in detail with local lawyer, show him all related documents to search any technical point in your favor.
R.K Nanda
(Expert) 16 December 2016
contact local lawyer.
Kumar Doab
(Expert) 16 December 2016
Local counsel can render considered opinion after due examination of all docs,records,inbputs
Dr J C Vashista
(Expert) 16 December 2016
The title of land is not yet transferred validly in the name of your father, which did not see the day of light of "Sale Deed". Local tax receipts water & electricity bills are unable to help you to grab the property.
Adverse possession is admission of illegal possession.
Show all the documents to a local lawyer for proper appreciation, analysis, guidance and proceeding.
Rajendra K Goyal
(Expert) 17 December 2016
Well clarified by the expert Dr J C Vashista, agree to it.
Kumar Doab
(Expert) 17 December 2016
Agreed with conclusion of Dr. J.C.Vashista.
Approach your able local counsel with all docs,inputs and records.
Dr J C Vashista
(Expert) 18 December 2016
Thank you Mr. Rajendra K Goyal and Mr. Kumar Doab for agreeing with me.
Kumar Doab
(Expert) 18 December 2016
Dr. J.C.Vashista,
You are welcome.
naveen kumar v
(Querist) 29 December 2016
Hi, good evening!!
Thanks for your suggestions.
After consulting lawyer, he is asking my father to proceed with gift registration costing 30k on my name.
My only concern whether this will resolve the issue completely,bcoz lawyer is also not assuring us!!
Can I go with gift registration process?
Kindly suggest for further proceedings.
Thank you for your time and consideration.
naveen kumar v
(Querist) 30 December 2016
Hi, good evening!! Thanks for your suggestions. After consulting lawyer, he is asking my father to proceed with gift registration costing 30k on my name. My only concern whether this will resolve the issue completely,bcoz lawyer is also not assuring us!! Can I go with gift registration process? Kindly suggest for further proceedings. Thank you for your time and consideration.
rajeev sharma
(Expert) 30 December 2016
Mr Naveen i fail to understand howthe son in law of deceased seller got right to execute the sale deed of land.
A person may gift only that property which he owns.
Kumar Doab
(Expert) 30 December 2016
Owner alone can sell or gift.
If Son in law is not owner he can not sell.
Since your father is not owner he can not gift.
Regret could not find if the owner (seller) has died.
If owner has died without disposing his property by a valid deed in his life then it becomes simple issue of inheritance as per personal law that applies e.g; Hindu Succession laws..............
His legal heirs have first right and they alone can dispose their share by a valid deed.
Guest
(Expert) 30 December 2016
Just Proceed as per the Advise of your Advocate.No Advocate would assure you any favorable Result in any case not only yours.if he does so he is Over confident.All depends on the consent of the Honorable Courts.As a Preventive method Just Follow the Advise of your Own Advocate.Even Very Senior Advocates with more than 50 years of Experience will never say they would succeed and they would only Say it is in the Hands of God.
P. Venu
(Expert) 30 December 2016
Your father can gift what he owns. Admittedly he has been in long and continued possession. His rights and interest hold good against the whole world except the true owner which, in this case, are the legal heirs of the "previous" owner. The question is, what is the trump card that the son-in-law is holding. This could be tested only if the son-in-law moves a Court of Law. In the alternative, you may verify from the SRO whether any further transactions have been registered in respect of the same property.
Kumar Doab
(Expert) 31 December 2016
Thanks for agreeing expert Mr. Rajendra K Goyal.
Guest
(Expert) 31 December 2016
Dear Naveen Kummar,
As usual in several other cases also, with his multiple posts and irrelevant links, Mr. Kumar Doab has not refrained from creating utter confusion in your case also to make your problem more complicated.
Relevance of the assumption of Mr. Kumar Doab, as he stated, "Claim of adverse possession may not necessarily succeed," is quite UNTENABLE. In fact, there is no similarity between your case and the case referred to in the LCI link: http://www.lawyersclubindia.com/experts/Property-law-601596.asp
Your problem does not relate to adverse possession at all.
Apparently, he has tried to misguide and discourage you from making a rightful claim for the property by appropriate means.
Since your case has been given a colour of adverse possession, based on the SC case referred to in the above mentioned link, that has added more wrong direction to your problem, leading to opinion of the other experts also on the same direction, whereas your dispute is solely about ownership title, not of any type of adverse possession, when you have clearly stated that your father had purchased the property and you are also in possession of the notorized agreement. The only difference is that you don't have the ownership documents with you.
Not only that, even if your case is considered even 1% of adverse possession (which is of course not), but still the case law, "http://supremecourtofindia.nic.in/outtoday/38720.pdf" referred to in the the aforesaid link pertains to the case where the plaintiff had failed to prove the possession over the disputed property. Contrarily, your father and your family has been in possession of the property for the last several years.
SO, THE ADVICE OF MR. KUMAR DOAB EVEN ON ADVERSE POSSESSION IS ABSOLUTELY WRONG.
In fact, you cannot expect any legitimate advice from a person, who appears with a fake identity, as he ha not shown his real name, photo and location in his profile.
He has very openly refused to come forward with his real identity (name, photo and place of his location) at his LCI profile, even on several requests.
EVEN IF YOU REQUEST HIM, YOU WILL FOR YOURSELF THAT HE WON'T SHOW HIS FACE, NAME AND LOCATION. YOU MAY LIKE TO TRY. HE WON'T OBLIGE YOU.
Guest
(Expert) 31 December 2016
Dear Naveen Kumar,
So far as your problem is concerned, your description does not contain the very basic & essential facts to help any expert to form some purposeful opinion.
So, please provide information on the following points:
1) Date of agreement.
2) Period mentioned in the agreement for execution of sale deed.
3) Whether full payment of the deal was made to the previous owner or not?
4) Whether you are in possession of the receipt of payment for the value of the property, if made to the owner?
5) Whether the previous owner is still alive or dead? If dead, date of death of the previous owner.
6) Date of registration of land in the name of son-in-law of the previous owner.
If you don't know the date of registration in the name of son-in-law of the previous owner, just ask him to provide you with a copy of registered sale deed in his name, if he wants you to get the house vacated, so that you may be able to get the factual record in your hand to be examined for its validity by your own lawyer.
Guest
(Expert) 31 December 2016
Dear Naveen Kumar,
About the proposed gift deed by your father, your lawyer has wrongly advised you. Any gift deed in the absence of the title deed in his name would be invalid and can also lead to weaken case, even if you go to the court of law for justice, as that can lead to the conclusion that intentions of your father and you were to swallow the property by fraudulent means.
Please don't try to do that misadventure at any cost.
Dr J C Vashista
(Expert) 31 December 2016
Very well advised by expert Mr. PS Dhingra, I fully agree and appreciate.
P. Venu
(Expert) 31 December 2016
2016 is coming to a close and the New Year at the door step. I trust the New Year will give us the strength and courage to turn a New Leaf and rise above our limitations and contribute much more through LCI.
Happy new Year!
Guest
(Expert) 31 December 2016
Dear Dr. Vashista,
Thank you for appreciation.
Guest
(Expert) 31 December 2016
Dear Shri Venu,
Happy new year to you also.
Rajendra K Goyal
(Expert) 01 January 2017
Happy new Year to all.
Agree with the views expressed by the expert P. Venu.
naveen kumar v
(Querist) 05 January 2017
Hi, good afternoon.
Thanks for reply.
Dear dhingra sir,
1.Date of agreement: 22_June_1984.
2. Period mentioned: I did not understand.
3. Full payment made.
4. Agreement of sale(notary)documents we have, in which it was mentioned that land has been purchased, with Previous owner sign and witness signs.
5.previous owner is alive: when we are requesting about land ,he saying I already gifted to his son in law, talk to him.
6. Son in law documents which is had,we took from eseva:gift settlement deed date:23_December_1999.
Release deed date: 22_January_2007.
Kindly find the attached data.
Thanks for your time and consideration.
naveen kumar v
(Querist) 10 January 2017
Hi, good afternoon. Thanks for reply. Dear dhingra sir, 1.Date of agreement: 22_June_1984. 2. Period mentioned: I did not understand. 3. Full payment made. 4. Agreement of sale(notary)documents we have, in which it was mentioned that land has been purchased, with Previous owner sign and witness signs. 5.previous owner is alive: when we are requesting about land ,he saying I already gifted to his son in law, talk to him. 6. Son in law documents which is had,we took from eseva:gift settlement deed date:23_December_1999. Release deed date: 22_January_2007. Kindly find the attached data. Thanks for your time and consideration.
