title deed
Querist :
Anonymous
(Querist) 22 November 2010
This query is : Resolved
Dear Experts
I want to buy a site , the history of that site is as follows
Total area of the site is 30X 90, wherin 30X 60 was allotted to grandfather of present owner in the year 1917, remaining 30X30 was not actually alloted to them but they are saying that it was also allotted to them in the year 1953, but no record was found in the muncipality.But in khatha extract issued by the muncipality for 1917 to 1950 the measurement was showing 30 X60, from 1953 to till date the khatha extract shows that it is 30X90. we dont know how the measurement was changed from 1953, but in muncipality records it is 30 X 90. They are paying regular muncipal tax for 30 X 90 measurement but no record is available with them.
Now they want to sell the site measuring 30X 40 and keeping with them 30X50, If I pourchase the same my question is
01.Will I get the title
02.What can be done to safe myself
03.Is this is advisable to buy the same.
04.I want to buy the same because khatha extract was showing the measurement of 30X90(Idont know whether this was altered in the munciple records or not)
What can be done
R.Ramachandran
(Expert) 22 November 2010
On the same matter the original person was asking in this website a few days agao that while they were allotted 30 x 60, his grand father had occupied the adjacent government land and thus currently they are having 30 x 90 and whether the government can claim the land back after 50 years etc.
So it appears the property in question is the same.
If you purchase the entire thing i.e. 30x90 instead of 30 x 60 you are taking a risk.
adv. rajeev ( rajoo )
(Expert) 22 November 2010
You can purchase it thru., regd., sale deed by the present owner. If some one challenges your tittle of 30 x 40 will not be distrubed
Querist :
Anonymous
(Querist) 22 November 2010
DEAR EXPERTS,
YOU ARE SAYING IT IS BETTER PURCHASE 30x 40 SITE.
i THINK IT IS RISKY BECAUSE iF I PURCHASE THIS I HAVE GOT NO TITLE TO PROVE THAT THIS IS MY PROPERTY OTHER THAN REGISTRED SALE DEED. IS THIS IS ENOUGH FOR ME TO PROVE MY TITLE PLEASE CLARYFY
Kirti Kar Tripathi
(Expert) 22 November 2010
you can purchase 30x40 without any hindrance for remaining portion ask the present owner to get declaration from court on the basis of long possession, thereafter it is safe to purchase.
R.Ramachandran
(Expert) 22 November 2010
You will have no problem in purchasing the portion 30 x 40 PROVIDED that portion falls within the 30 x 60 portion which was originally allotted to the grandfather in the year 1917. THIS YOU WILL BE ABLE TO FIND OUT FROM THE SCHEDULE [ THAT IS BOUNDRY NORTH, SOUTH, EAST AND WEST] SHOWN IN THE ORIGINAL GRANT. Without ensuring this, if you simply purchase 30 x 40 which falls in the portion which was not granted to the grandfather, then you will be in deep trouble.
Parthasarathi Loganathan
(Expert) 22 November 2010
Before going in for registration, please engage the services of the local approved land Surveyor(Govt) and get the boundaries marked.
Querist :
Anonymous
(Querist) 22 November 2010
Dear experts, thanks for your opinion
As per Mr. Kirthi in his opinion he says that owner can take the possession by obtaining declaration from the court,
I want to know is it possible to obtain declaration from the court
and hoiw much time it will take to obtain declaration from the court
please clarify.
