Enquiry register by city survey office

DEEPAK DHAMEJA (Querist) 10 July 2022 This query is : Resolved
Sir my self kamal dhameja belongs to sindhi minority community. As my grandfather has came from pakistan in 1947-48. and they have settle in ulhasnagar camp . and as per city survey register of 1979 two properties has been shown in my grandfather. which was in our possession since 1948. out of which two. one property in my hands is till now. but another one is given by grandfather to his edler brother out of gratitude. without consideration. and elder brother was expired in 1996. after that in the year 2014. that property came to my possession. and i have paid local body dues till today pending sine 15 years. (upto 31/03/2022) and there is no any electricity connection since 2001.
but in december 2021 my grandfather elder brother's daugghter has done costrcution anf forebilly taken possession. as they are cliaming that tax bill is coming on there father. not my grand father. .
so please look in the matter.
Whther they have right to cliam property on the basis of local body tax bill.in which my grandfather elder brother is occupier. which is not a title docuemnt. and they enroach the land.
also i got TLR copy from city survey and Legal heir panchnama from talathi. Because i have applied for CD (sanat) (conveyence deed) .
also advise me what should i do.

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Quick Summary

This discussion concerns a property dispute where one individual claims ownership based on ancestral possession and a city survey register entry from 1979. The property was initially held by the grandfather, with one part transferred orally to his elder brother. After the elder brother's death, the property eventually came back into the claimant's possession in 2014. However, the elder brother's daughter has now constructed on the land, claiming it based on local body tax bills issued in her father's name. The advice given is that tax bills are not title documents and that a civil court may be necessary to resolve the ownership and encroachment issues, especially given the lack of formal deeds.

kavksatyanarayana (Expert) 10 July 2022
The properties are your grandfather? How did it in your hands without any deeds? Your grandfather had given one property to his brother, then how did it in your hands without any deeds? How many legal heirs of your grandfather? You unauthorisedly occupied the property and like that, your grandfather’s daughter is taken it. All the legal heirs have equal shares in the property of your grandfather including the property which was given to his brother orally and divide the properties among all the legal heirs, otherwise file a partition suit in court.

DEEPAK DHAMEJA (Querist) 10 July 2022
Mr A is my grand father and B is elder brother of my grand father . B heavenly abode in the year 1996. tax bill comes in B name. no such deeds on paper made while giving them possession. B were given possession only for living purpose out of gratitude license. and and possession was given to in the year 2014. by MR b legal herirs.
Whether my father as legal heir can cliam owner ship property and title over property.

Dr J C Vashista (Expert) 11 July 2022
Tax bill is no criteria for finding out "title" of the property.
Similarly possession can be given to an "outsider" also.
Show title (ownership) documents to a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding.

SHIRISH PAWAR, 7738990900 (Expert) 11 July 2022
Hello,

Yes, the tax bill is not a title document. However, now there is encroachment so you have to approach the civil court and file suit for possession against your grandfather's elder brother's daughter. Meanwhile, you can complete the conveyance deed procedure.

P. Venu (Expert) 11 July 2022
No definite suggestion is possible unless documents are seen and facts ascertained. Given the complexities, the competent Civil Court alone would be able to sort out the mess.

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