Making title absolute perfect
Querist :
Anonymous
(Querist) 28 September 2011
This query is : Resolved
sir,
my grand father was constructed an RCCO house in 1960's in 454 sq yds land and started paying house tax at that time onwards.He died on 1964 and my grand mother also died 1986 with out writing any documents for that house.At that time onwards only daughter of them i.e my mother paid house taxes in her name and she wrote registererd will on year 1995 to me and my elder sister and she died on 1998.with that registered will my sister had sold their shared property on year 2000.now i only living in that house with my family in my shared property by paying property tax on my name.But recently it was came to know that there was no parent/link deed for that land and also my grand father had bought that land from inam dar on year 1935 with out any proof of documents and also no registration has done at that time. Now my Question is since there was no parent/link documents and only with registered will which reflects my name and tax paid bills, the banks did not given any loan including housing loan also.Plz give suggestions whether it is better to get occupancy right certificate in my name as it is inam land indicating sequence of past names of my family heir name which can be used as link documents or it is better to go to court and confirming title by adverse possession since we are living in that house for last 60 years in openly,continuosly ,exclusively to all with boundary walls around house with out any dispute till now. but only problem is there was no respondent to make suit in court for adverse possesion and to make title perfect and also donot know procedure for getting ORC in my name even my grand mother was occupant in year 1972 also for inam land that wad situated in vijayawada city.PLZ send to my mail id p.gnanendra04@gmail.com
prabhakar singh
(Expert) 29 September 2011
Make arrangements for a suit to be filled by your sisters'purchaser against you in which you file a counter claim of title by praying relief,let the two suits be decreed accordingly as you say you have no defendant.
And if possible let the suit be filed against
a neighbor with some negotiation with him.
Querist :
Anonymous
(Querist) 29 September 2011
Thank u for giving reply.
Actually I have no trust on neighbour & so whether my husband/son(dummy defendant) may suit on me so that i counter claim of title by praying Plea of adverse possession and making Title absolute marketable.As ur suggestion but my sister purchaser may not invovle in this legal matter and we moreover we donot have dispues regarding property matters.
I have proofs like 1)RCCO constructed house on 1960(Asst commissioner inspected and gave report also in year 2011). 2)possession in that house from year 1972( reflecting my grand mother,mother name ). 3)1985 gas bills(reflcting my mother name with dr.no).4)Municipality bill of 1995(my mother name) 5)Municipality bill of 1998 - 2011(reflecting my name) 6)my mother voter card reflecting present adress in year 1995 7)Registered WILL deed(year1995).Neighbours also ready giving Affadavits & we were in continuous possession.
Is these proofs sufficient for plea of adverse possession and claiming title perfect marketable because i donot found any parent/link documents before year 1995 for said property even in my house and sub registered office and property is simply enjoyed by my grand father(year1960) to up to my mother(1998).
Tell how my husband(dummy defendant) can suit on me in court so tht i can conter claim tht title for prayer relief. If not I can suit directly in court telling that through Registered WILL deed year 1995 ,I got right on said property on year 1998 (i.e after my mothers death) but there is defect in my Title as there was no link/parent document before year 1995 for said property & no banks will giving loans as there is defect in title and so i came here praying TItle absolute marketable through plea of adverse possession.Is it possible to suit in court with out defendant
R.Ramachandran
(Expert) 29 September 2011
You cannot perfect your title by filing a suit on the basis of 'adverse possession'. At best, in case anybody files a suit for recovery of possession, you can defend yourself by claiming 'adverse possession'. Whatever documents that you mentioned in your above query will help in supporting your claim for 'adverse possession', and not beyond that.
While you cannot be easily dispossessed, the defect in your title will be perennial, unless you trace the old linking documents.
Querist :
Anonymous
(Querist) 29 September 2011
sir,
the above said land is actually recorded as Inam dry in MRO office,vijayawada(Urban) at that time. So as per Inam abolition act of andhra pradesh,at time of year 1972 , my grand mother & my mother was in possession in that house of Inam dry land and we have some proof of documents regarding possession on that land and also at now I am in possession.with these proofs I may get ocuupancy right certificate form MRO(urban).I think in ORC certificate they clearly mention occupant at time of 1972 and present occupant name and I can use it as link documents or it is better to go to court & make Title perfect by plea of adverse possession idicating all my
Querist :
Anonymous
(Querist) 30 September 2011
sir,
I am waiting for ur reply that was posted by me on 29/sep/11.
Actually I want to gift my shared RCCO house in 232 sq yds to my husband.its cost is government rate is 30 lakhs(market value 55 Lakhs) and there was no dispute also till date.But only problem is I had TITLE on that property from year 1998 as per registered WILL deed of year 1995 that was executed by my mother.But who wrote the WILL deed i.e my mother had no registered/un registered recorded TITLE and grand parents and my my mother simply enjoyed that land till year 1998 by paying Municipal taxes in her name which indicate defect in my ASOLUTE TITLE.
But I want to GIFT it to my husband after making ABSOLUTE TITLE only.Can I do like this.
1)By taking advance of Rs. 1 lakh from my husband and i will make SALE AGREEMENT with him making Terms & conditions as follows i.e Sale agreement can not cancelled under any circumstances and advace will not paid back unless if my TITLE is not Absolute Marketable and time period for registeration is 2 months.If he fails to give balance amount and get registered with in 2 months then agreement will be cancelled automatically and no refund of 1Lakh also.
With that terms &conditions, after 10 days my husband will suit on me in court by saying that my TITLE is not absolute marketable because there was no parent/link documents before year 1995 & so refund his amount from me.That time I counter claim that there was no refund of amount of 1 Lakh as per agreeement terms and TITLE is Absolute Perfect Marketable by showing all my documents to court and I pray court on basis of Adverse possession declare me as Absolute marketable Title on my favour.Once on declare to my name,after 3 months I want to GIFT that property to my husband.
Is this thelp full to me for making my TITLE absolute marketable.
also give suggestion that if Sale agreement is not done between me & my husband,Can I do with this agreement with my son or any other.
I YES,Please give suggestion how much Court fee I & my husband has to be paid and total how much amount i have to spend for this case and time taken for disposal of this case.
House is situated at Vijayawada city i.e with in municipality corporation limit of 3 kms, Andhra Pradesh.& We have district civil court in vijayawada
Querist :
Anonymous
(Querist) 30 September 2011
sir,
PLZ reply to my question for making absolute TITLE.So that it will be very help full to me
