Notery done.

santosh kushwaha (Querist) 21 May 2023 This query is : Resolved
I had taken a chawl room on rent in virar in year 1980 and run a flour mill shop which was than purchased by me later in year 2001 from owner by getting paper done by lawyer at that time. The said papers contain kararnama, kulmukh patra, and kayam swarup kulmukh patra. The said property was not registered, only notary was done as owners were not ready to come for registeration process. Now after so many years i intend to redevelop chawl but facing problem due to no registration done at that time. Situation says the ex owners have died and their heirs are not interested to hear us instead threat us to overtake the property as 7/12 contains their parents and uncle names instead of ours.

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A property owner who purchased a chawl room and flour mill in 1980, with the sale notarised but not registered, is now facing redevelopment issues. The original owners have passed away, and their heirs are threatening to reclaim the property as the official records still list their parents' names. The current occupant, despite being in possession since 1980, is not recognised as the owner in the records and is advised to file a suit for declaration of title, potentially through adverse possession, and to issue legal notices to the heirs of the deceased owner.

Sudhir Kumar, Advocate (Expert) 22 May 2023
They are right. You are not the owner in the records. the contents of the agreement are relevant to form a concrete view.

Dr J C Vashista (Expert) 22 May 2023
I concur the advise of expert Mr. Sudhir Kumar.
Did you issue legal notice to LRs of erstwhile owner for execution of title transfer document ?
If so, file a suit for declaration through a local prudent lawyer.

Advocate Bhartesh goyal (Expert) 22 May 2023
No valid transfer of property by executing sale agreement and general power of Attorney and on basis of such documents title of property does not passed to transferee.Issue notice to Lr's of deceased transferror/owner for execution of sale deed and if notice is not respond then file suit for declaration and injunction.

kavksatyanarayana (Expert) 22 May 2023
As per records you are not owner. So file a declaration suit.

T. Kalaiselvan, Advocate (Expert) 23 May 2023
Since you are in possession and enjoyment of the property ever since the year 1980, you can file a suit for declaration of title and interest in your name.
You have no option than to implead the LRs of the deceased owner as defendants because they are the right people against whom you are claiming title by operating law of adverse possession.

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