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Property ownership

Querist : Anonymous (Querist) 29 January 2020 This query is : Resolved 
Dear Sir/Madam,

After partition of India my Grandfather bought a flat in a refugee colony in Delhi with the help of his advocate friend as my Grandfather was paralytic. But his friend cheated him and made the power of attorney on his name and shown my Grandfather as tenant. My Grandfather paid the rent for few months and later stopped paying it due to bad financial condition. Now, my Father along with my Mother and I have the possession of this property. My Father is now 67 years old. There is no communication of any kind between so called owners and us from almost more than 60 years. They have not even claimed anything from us at any platform. We want to sell this property and move to other place.

Can we make the legal ownership papers of this property on my Father or Mother's name? If yes, then please guide me the process and where should we approach for the same.

Should I file RTI to get clear state of property in Municipal & Revenue Dept.?

Or, can we give it on rent without ownership on basis of possession? Is it safe?

I shall be really obliged to you.

Warm Regards.
KISHAN DUTT KALASKAR (Expert) 29 January 2020
Dear Sir,
You have to file a suit and get declaration first.
Querist : Anonymous (Querist) 29 January 2020
Dear Kishan Dutt Sir,
Thanks for the reply.
Can you please elaborate a little, What kind of Suit? Declaration of what?
Will be really obliged.
Raj Kumar Makkad (Expert) 30 January 2020
You have just ownership over the property as per facts mentioned by you in the query. I suggest you to first obtain all relevant papers from relevant authorities and be updated about the status of the property in the relevant record and then only ask subsequent questions.
Advocate Suneel Moudgil (Expert) 30 January 2020
1. act as advised by shri raj kumar makkad,
2. no need to go for filing any suit without obtaining documents as the same may have an adverse effect on your possession/ownership
3. apply for the documents through any other person
Querist : Anonymous (Querist) 30 January 2020
@Raj Kumar Makkad & @ Suneel Moudgil thanks you Sirs for your precious advise.
Querist : Anonymous (Querist) 09 March 2020

Hope you are doing good.

As advised by you, I had filed an RTI through some other person to get the relevant documents. But the department has denied saying the applicant doesn't have any stake in the property.

Should I directly apply for the same as I have all documents (Aadhar, PAN, Voter ID, Passport, DL, Ration Card, Electricity Bill, etc.) on same address? Will they consider my request on the basis of these documents?

Please advise.

Warm Regards

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