CLAIM OF ANCESTRAL LAND ON THE BASIS OF TITLTL ORIGINAL TITTLE DEED OF 1929
Querist :
Anonymous
(Querist) 02 May 2011
This query is : Resolved
Date: 2/5/2011
Dear Sir,
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
code 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 gave 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 ut most 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-à-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.
Would like to meet you and discuss the mater if an
apointment is fixed.
Thankind you,
Sincerely
Mr Yusuf E. e- mail id yusufememon@gmail.com. mobile 9322017047
Raj Kumar Makkad
(Expert) 02 May 2011
One line answer to your query is "No. there is no chance of your success as there is no merit in your case".
Limitation, having no chain, having never entered name in revenue record, non-availability of revenue record for various years, question of initial lease or sale etc. etc. are various major hurdles and in nutshell, it can be safely presumed that your praiseworthy efforts cannot fetch any favourable results fro you.
Chanchal Nag Chowdhury
(Expert) 03 May 2011
Your vigilance at this late stage is unlikely to yield dividends as the possessors are sure to claim title, if nothing, then by adverse possession.
