Ownershsip of property

This query is : Resolved 
 

Online (Querist)
10 June 2021

AS MY GRAND FATHER WAS HAVING SHOP IN HIS NAME . HE WAS WHOLE AND SOLE OWNER OF SHOP. BUT NOW HE IS NOT ALIVE.
HIS BROTHER HAS SOLD THE PROPERTY IN 1991 FOR Rs 350000/- . TRANSFER OF PROPERTY DONE MERELY DONE ON 20 OR 100 RUPEE STAMP PAPER. NO REGISTRATION CHS ARE PAID TO TEHSIL OR SDO FOR THE SAME.
AND GRAND FATHER EXPIRED IN 1995. I HAVE APPROCHED THE SDO FOR THE TITLE SEARCH OF ABOVE SAID PROPERTY. ON PAPER THEY HAVE GIVEN ME THAT YOUR GRANDFATHER IS OWNER. AND NO TRANSFER HAS TAKEN PLACE.
SO I WANT TO KNOW FROM YOUR SIDE THAT CAN I GET BACK MY GRAND FATHER SHOP ??


Advocate Bhartesh goyalOnline (Expert)
10 June 2021

Sale transaction done by your grandfather's brother is not legal and valid.titile of property passes to buyer by only registered sale deed.A person can not be said to be owner of property on basis of unregistered and unstamped sale agreement/deed. Issue notice to such buyer and ask him to vacate shop.if he doesn't respond then file suit for possession of shop before civil court.Better contact to a competent and prudent local lawyer and under his guidance proceed further.

Sankaranarayanan Online (Expert)
10 June 2021

Based on your statement Still the ownership title only in the name of your Grandfather. Therefore the unregistered sale by your Grandfather brother is invalid. Now the possession of the shop with whom?

DEEPAK DHAMEJAOnline (Querist)
10 June 2021

sir my grandfather brother sold to another person. and he have sold to third party and go on.
i think 2 to 3 chnaged possession. and our local body issues tax receipt as holder/occuiper not as owner.

DEEPAK DHAMEJAOnline (Querist)
10 June 2021

i have also one question that the person who is having possession of flat . uses or give refernce of limitation act (12 years) provision.
Then what will be my position ??

Advocate Bhartesh goyalOnline (Expert)
10 June 2021

Mere long possession is not only criteria to claim ownership it should be adverse/hostile to true owner.Tax receipts and revenue records also don't confer title.Ownership of shop still vests to your grandfather .Possessory has neither title nor any right to retain possession on basis of such agreement.

P. Venu Online (Expert)
10 June 2021

Of course, the sale was not in accordance with law. However, the present occupier can adopt adverse possession in his defence. There could be no definite opinion as to the decision of the Court.

However, you can take a chance depending upon the value of the property. Any litigation is bound to be expensive and long drawn out.

T. Kalaiselvan, Advocate Online (Expert)
10 June 2021

Your grandfather's property, upon his intestate death shall devolve on his own class I legal heirs, i.e., your father and his siblings.
Any action to retrieve the property shall have to initiated by them alone and not you.
However the legal heirs of your father can file a suit for declaration of title and for possession the property which was illegally alienated by a third party by an unregistered document which is not legally valid.
You may initiate the process through a skilled and experienced advocate and fight for justice.

Sri Vijayan.AOnline (Expert)
13 June 2021

I endorse the view of Sri P.Venu, Expert



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