Nomination in Property
sampat mane
(Querist) 14 March 2009
This query is : Resolved
Dear Experts,
My father had purchased a property in mumbai suburbs through Mr. X for mfg activity in the year 1963. Mr. X was working with M/s. ABC as Property Caretaker. Due to lure of money & muscle power Mr. X sold plots of the land owned by M/s. ABC.
On Survey the revenue authorities put my father’s name alongwith Mr. X’s name in their records in other rights column as “tresspassers” and also declared that NA use is unauthorised.
The settlement could not be cleared and hence finally M/s ABC told revenue authorities to collect the NA tax from the encroachers.This was regularly paid by my father.
The latest property card shows my fathers name as imla malak which is shown in the revenue records in category “Other Encumbrances “ in the Property / Ruled (having tenure C-1)
Please advise on
1. What is the meaning of C-1 tenure
1A. What is our owneship title in above tenure and how do i Clear the title rights
2. Procedure to adopt change in name of the revenue records wrongly spelled by them
3. What procedure is to be adopted getting nominated for the title rights held by father to his legal heirs
4. Validity of a Power of Attorney (duly notarized) on behalf of the other successors which has been given to the deceased’s wife & son.
thanks in advance for your advice
regards
Sampat mane
PALNITKAR V.V.
(Expert) 14 March 2009
For what purpose the power of attorney is given? C-1 denotes that you are not the owner and that your possession is illegal. About the other problems, the best remedy is to get the title declared on the basis of adverse possession. Show yourself as LRs of deceased. If you get the declaration, the revenue authorities have no option but to enter your name in the ROR as absolute owner and not as trespasser.
Kamlesh soni
(Expert) 15 March 2009
i do agree with mr. palnitkar
Guest
(Expert) 15 March 2009
I do agree with the views of Mr. Palnitkar.
sampat mane
(Querist) 16 March 2009
Thanks for your prudent advice which normally happens on this forum
Sir, After fathers death, The Power of Attorney is been given by other legal heirs (mother,brother & sister) for pursuing clearing of the title rights & managing the property to me.
For getting the title declared on the basis of adverse possession what documents need to be shown to the revenue authorities. Should I file an appeal/ application to them
To Show ourselve as LRs of deceased.what documentary proof is needed.
How do I get the declaration?
What procedure to follow to enter our name in the ROR as absolute owner and not as trespasser? Do I followup with the revenue authorities or do i file a civil appeal
PALNITKAR V.V.
(Expert) 17 March 2009
Adverse possession has to be proved in Court and not before revenue authorities. You can lead oral evidence of possession besides the documents wherein your name is shown as trespassers. To show that you are LRs you can produce either succession certificate or lead oral evidence, school record etc.
sampat mane
(Querist) 18 March 2009
Thanks for your advice. Which court should file an appeal. Seeing the backlog and my previous experiene will this not take another 3-5 years to put on record. Also this will also open can of worms (read...Clearance from Original Owner, Seller etc.)
do you still advise to go ahead with appeal
sampat mane
(Querist) 20 March 2009
Palnitkar sir please advice
PALNITKAR V.V.
(Expert) 25 March 2009
What you apprehend is quite right. If you are confident that you can protect your possession without going to the court, then ok you need not go to court right now. Let X go to the court for your ouster. Since your are shown in possession of the property, X is not likely to get injunction against you. So you would be able to retain possession. While defending the action initiated by X you can plead adverse possession. Here I am presuming that everything will go according to law.
Ashey
(Expert) 03 April 2009
I do agree with the views of Mr. Palnitkar.
