Property dispute
Shweta Bagkar
(Querist) 05 June 2014
This query is : Resolved
one of my colleague has property dispute. That his brother has encroached the fathers property by obtaining rationing card and electricity bill on his name. previously electricity bill was on his fathers name. my colleague has only electricity in father's name as proof. he want his share. Local lawyer is saying give some other proof for title as rent receipt or ration card etc. but he does not have that what he can do.
ajay sethi
(Expert) 05 June 2014
he must be having proof of payment of property tax bills , telephone bills etc rely upon said documents
Dr J C Vashista
(Expert) 06 June 2014
What is the encroached property, i.e., house/agriculture/industrial or any other plot?
Whether the property is situated in Lal Dora abadi of some village or part of municipal/notified area?
Ration card and electricity bill have least concern with title of any property, which can just help to say (but not prove) possession of part of property.
Vague query and incomplete information.
Consult local lawyer.
Rajendra K Goyal
(Expert) 06 June 2014
Author please reply the questions raised by the expert Dr J C Vashista ji.
Sankaranarayanan
(Expert) 06 June 2014
What share. Are you mean the share of property. Need more details. Encroched in what way.
Shweta Bagkar
(Querist) 06 June 2014
it is residential property which is under redevelopment.
Raj Kumar Makkad
(Expert) 06 June 2014
You are expected to post the facts leading to your query in detail enabling the experts to understand the situation clearly.
Shweta Bagkar
(Querist) 07 June 2014
it is the property which is under redevelopment. Elder brother has made agreement with builder on his name. but it is ancestral property and every legal heir should get equal share in that property. But elder brother says that it is his property and no one is eligible for share. Now my friend wants to file suit against him. but lawyer says he will need to prove that it was his fathers property and not his brothers property. But my friend does not have such proof except electricity bill. and electricity bill can not be produce as title of property.
Biswanath Roy
(Expert) 08 June 2014
Incomplete and vague query. Unable to reply.
Raj Kumar Makkad
(Expert) 08 June 2014
Your friend is required to obtain the registered sale-deed or any other document which may show that the property was ancestral and even the suit can be got filed seeking partition of the property claiming it ancestral and the agreement between his elder brother and the builder can be got set aside on that basis. Let his brother produce his exclusive ownership document before the court.
T. Kalaiselvan, Advocate
(Expert) 09 June 2014
If the property is under redevelopment,then it is a property under pagadi system, right? If yes, who will have a perfect title to it?, further more mere telephone bill or electricity bill will not be sufficient to prove the title, hence you be in touch with your lawyer for any further process.
ajay sethi
(Expert) 11 June 2014
thanks for your appreciation
Biswanath Roy
(Expert) 11 June 2014
You can search the OFFICE OF REGISTRAR OF DEEDS AND DOCUMENTS of the territorial jurisdiction of the property to find out the Title holder, if you find the name of your father as the owner of the property then obtain a certified copy as evidence. Secondly if the property situates in the municipality area you can obtain a certified copy of the assessment roll wherein you will find name of the owner and assesse. If the property is within the rural and Panchayet area you can get the name of the owner appearing in R.S. Parcha lying in the office of BDO.
Raj Kumar Makkad
(Expert) 11 June 2014
I also welcome the apprecition of the querist.
