Documents required to claim disputed property ownership.
Querist :
Anonymous
(Querist) 01 December 2011
This query is : Resolved
Dear Experts,
I have piece of property consist of two houses given by my grand father to two poor families 50 years ago with out any kind of registry or notary.
After 30-35 years, for the sake of money those family gave the possession of the property to others and left the place forever. They did some kind of notary or registry in favor of 3 new parties for the same property illegally, though they are not actual owner of the property.
We want to get back our property and I have following questions related it.
1) What all documents we need to proof ownership of the property in court
2) What type of case we should file in court?
3) Which law section is best for filing this case?
Kindly help provide your expert opinion.
Thank you so much for all help!
Rajeev Kumar
(Expert) 01 December 2011
I cann't reply anonymous querist
M/s. Y-not legal services
(Expert) 01 December 2011
i feel you dont have any legal remedy now..
1] tax receipts are in the name of whom?
2]right now the third parties are in adverse possession- am i right?
still do you have your parent documents to claim your title [before 50 years]??
prabhakar singh
(Expert) 02 December 2011
You have neither any title deed nor the possession then how shall you prove your right over property.????????You must not have loosed possession to maintain a suit followed by utilities bills of water,electricity,ration card and taxes etc.
Raj Kumar Makkad
(Expert) 02 December 2011
I am afraid having read the replies of the experts on this topic.
You require title deed of the property first. You should also obtain the record of municipality, if the same is situated within that area. You should also submit an application before the municipal authorities to the effect that your grand father and thereafter your father has expired so the property should be got entered in your name being sole legal heir of deceased persons. You shall have to file an affidavit in support of your application annexed with death certificates.
After preparing all such evidence, you serve a notice to the illegally occupying persons to vacate your property as the same is required for your personal need.
You may show them as your tenant or illegal occupying since last 8-9 years.
prabhakar singh
(Expert) 02 December 2011
The man wants a property back which was given by his grand father some 50 years ago to two poor families who must have been servers of his grand father,in those days that was the way to give.We have been zamindar so we know it.Should i claim back property given by my grand father to a riyaya who served him.How can i have records of a house in which my riyaya has lived for 50 years.????
prabhakar singh
(Expert) 02 December 2011
If this is possible as of now then Zamindari still remains un abolished.
Querist :
Anonymous
(Querist) 05 December 2011
Thanks experts for your valuable advice.
Well, the Revenue land records must have my grandfather's name in title deed.
Is this not sufficient legally to argue at court w.r.t title deed?
@Prabhakar singh sir, the said poor family never served my grandfather or others. And later they have executed a sale deed with 3 different parties at for the same property, however they can't do registry as they were never owner of the property.
And today, 3rd party who are wealthy has acquired the property.
Can you please let me know, what could be the way our legally?
Secondly, i would like to get all relevant documents for this case. Raj kumar sir did refer few documents.
Thanks,
Shailesh Kr. Shah
(Expert) 06 December 2011
Engage local lawyer for it. Ask him to inspect records related to property as suggested.
