CLAIM OF POSSESSION ON THE BASIS OF ORIGINAL TITTLE DEED
yusuf
(Querist) 23 April 2011
This query is : Resolved
Dear Experts,
The facts of the case is as follows:
Our Grandfather had purchased 8 plots of land aggregating 2 acres in the year 1929 at Mumbai suburbs wide registered document 1929. On the last page of the document it is mentioned that the sub registrar refused registration under section 35(3)(a) of the Registation Act and court order number 277. It was because the lady had taken the plea that she was told that it was a mortgage deed though it was a sale deed. Further, she / vendor had not received a single penny of the sale amount. The sub registrar refused and referred the matter to the registrar. The date of execution is January 1929. The registrar after hearing ordered for registration in our Grandfather’s favour in the month of August 1929 and it got duely registered in August 1929.
The Lady/vendor did not get possession and the document was shelved for all these years. In the year 2007, my Father handed over the original document to me to see what can be done about it. My Grandfather expired in the year 1964 and my Father expired in the year 2008. The property has never been sold neither by my Grandfather nor his legal heirs till date. All of the first generation have expired. All of the second generation are alive and are 50 in numbers.
After visiting various land revenue offices I have been able to piece together new survey numbers for the old survey numbers from the 7/12 extracts, mutation entries, property cards, enquiry register and various LAQ offices and also from the old village map of the year 1908 containing old survey numbers.
Thus, I have been able to identify the new survey numbers and the location of the land. All the old srvey numbers have changed and I have concluded that all the 8 plots of land are being held under 4 new survey numbers which mainly belongs to industrial companies.
From the documents that I have been able to get from the registrar office pertainig 2 our old survey numbers I find that the lady/ vendor had created a thrid party right by mortgaging all the plots for the exact amount at which she had sold a land to our late Grandfather. In the subsequent years each of the plots have changed hands (transacted) three to four times as per the document taken by me from the land record office. There was no 7/12 extract uptil the year 1955. As found from the varuious documents it states that the document will be recorded in the KHOTI record when requested by the purchaser.
Further, Our Grandfather name is no where in the land record books except for the index 2 which gives details of the title deed. Also, the land record have been destroyed with utmost precision. No paper for the year 1930-62 can be traced. Hence , in view of the above facts my queries are:
1. What is our legal status vis-Ã -vis our ancestral land?
2. What is the legal remedy for us?
3. Will our civil suite be admitted against the parties in possession of the land?
4. Can we claim possession of the land on the basis of the original title deed of purchase of land in 1929?
5. Any other suggestions/advise will be appreciated.
Thankind you,
Sincerely
Mr Yusuf E.
R.Ramachandran
(Expert) 23 April 2011
SINCE YOU DON'T HAVE POSSESSION OF THE PROPERTY FOR QUITE A LONG TIME, NOW YOU DO NOT HAVE ANY LEGAL REMEDY. THE PROPERTY IS LOST FOR EVER AS FAR AS YOU ARE CONCERNED.
