Property

DEEPAK DHAMEJA (Querist) 07 August 2021 This query is : Resolved
AS MY FATHER WAS OWNER OF PROPERTY SINCE 1960. AND HE WAS EXPIRED 1995. WITHOUT ANY WILL. BUT IN 1996 MY FATHER BROTHER (CHACHA) WAS THE OCCUPIER OF PROPERTY AND TAX RECEIPT COMES UNDER HIS NAME. HE SOLD IN 1996 TO Mr. A.
THEN Mr. A SOLD TO Mr. B . AND Mr. B TO Mr. C.
Mr. C HAS PURCHASED THE PROPERTY ON 2005. IN SUB DIVISIONAL OFFICE AND IN LAND RECORDS TILL TODAY PROPERTY LYING IN MY FATHER NAME.AND I HAVE ALSO SEARCH IN SUB REGISTRAR OFFICE FOR SALE TRANSCTIONS. I HAVE FIND NOTHING.
NOW SOME HOW I GOT POSSESSION OF PROPERTY THROUGH RENT AGREEMENT AND AGAIN RENT AGREEMENT NOT REGISTERED AND LYING WITH ME ONLY. AND EVERY MONTH I M PAYING HIM RENT IN CASH.
AND LIGHT BILL AND TAX RECEIPT IS STILL COMING IN MY FATHER AND CHACHA NAME. AND SDO OFFICE IS READY TO GIVE SANAT IN MY NAME
SO PLEASE GUIDE ME WHAT SHOULD I DO

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Quick Summary

The original owner of a property, who acquired it in 1960, passed away in 1995 without a will. His brother (chacha) occupied the property and, despite not being the owner, sold it in 1996. The property has since changed hands multiple times and is currently held by Mr. C, who purchased it in 2005. However, official land records and tax receipts still list the property in the name of the original owner or his brother. The current occupant claims to have possession via an unregistered rent agreement and is paying rent in cash. The SDO office is willing to transfer the 'sanad' (a type of land grant certificate) to the current occupant's name. The core issue is the validity of the sale transactions made by the chacha, who had no legal right to sell the property.

kavksatyanarayana (Expert) 07 August 2021
When the property is transferred to three persons i.e. Your chacha to Mr.A, A to B, B to C. Then how, the tax and electricity bills are in your father and chacha name? Rent agreement property is not a right. From whom you obtained the rent agreement and is it registered? Your version seems not to be correct.

DEEPAK DHAMEJA (Querist) 07 August 2021
RENT AGREEMENT NOT REGISTERED AND HAVENT GOT ANY CHANGE OF NAME IN LOCAL BODY AND MSEB.
MSEB BILL COMING SINCE 1963

Dr J C Vashista (Expert) 08 August 2021
Tax receipt or possession do not confer title of the property in the name of your chacha, who has neither any title nor claim nor interest to sell the property owned by your father (as stated by you), therefore, sale transaction(s) made by your chacha is void and required to be cancelled by filing a declaratory suit through a local prudent lawyer.

Advocate Bhartesh goyal (Expert) 08 August 2021
It will be better to show all documents pertaining to property to local lawyer and under his guidance act upon.

Dr J C Vashista (Expert) 09 August 2021
It would be better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

P. Venu (Expert) 09 August 2021
The facts posted are confused and disjointed. How your father had acquired ownership of the property? What is the relevance of payment of rent?

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