Property khatha change on the base of unregistered sale deed
prasad
(Querist) 26 December 2017
This query is : Resolved
Sir / Madam,
What is the procedure of khatha cancellation of a house and vacant site property (situated within grama panchayath limits) which was changed on the basis of unregistered sale deed in karnataka.
Thanks in advance.
Kumar Doab
(Expert) 26 December 2017
Generically speaking; the unregistered sale deed is not sufficient for alienation in title of immovable property.
Until or unless some local law/process/procedure was followed to effect the alteration in the said Khata on said unregistered sale deed.
If there is NO such procedure and title was changed in violation of well laid rules/laws then the O/o Authority is to be approached.
Lodge complaint under proper acknowledgment.
Sankaranarayanan
(Expert) 26 December 2017
seems your question is looks academic
prasad
(Querist) 27 December 2017
Sir,
This is not an academic question. This is a peculiar case where one of my close relative has got some properites inherited through her late husband's father. Out of some properties (scattered over different places), she intended to sell one of the property (consisting of Old Tiled House and Vacant site) to some 'X' person and she put her signature on the sale deed (March 2005). Later 'X' told that he would get register after clarifying the ownership disputes, if any.
Till today, he has not made any attempts to contact my relative, instead he got changed the khatha of the said property to his name in Grama Panchayath at Mysore District. Further, he has also sold 1/3rd of its portion to another person. As my relative has handedover all the available original documents to him belieivng that he would contact immediately or later and also due to her re-marriage, she could not contact that 'X' person till 2 months back. Now, there is a dispute of ownership has arise between my relative and her late first husband's sister.
What is the the real lawful remedy in this case. Please seriously help in this regard as the matter is very crutial and urgent and I came to know this fact just 4 days back only. Can that 'X' person claim Adverse possession if the case is moved to Court of Law or any alternative remedy is there besides that.
Regards.
prasad
(Querist) 28 December 2017
J K Agrawal
(Expert) 07 January 2018
You can file a suit of declaration and to get declare sale deeds by X, void.
You can file a criminal complaint also.
