Sale of land from a recorded owner but in others possession
Querist :
Anonymous
(Querist) 24 October 2023
This query is : Resolved
A commercial land is in possession of a person "X", who pays municipality taxes from last 60 years, but he has no ownership document {no sale deed or ROR}. The ROR is in the name of " Y" who is not related to "X".
Can " Z" purchase the land and claim ownership, and get possession thru court?
Can one
Isaac Gabriel
(Expert) 24 October 2023
Verify the Municipal records and seek a copy of the title,which may throw some light to proceed.
kavksatyanarayana
(Expert) 24 October 2023
How did Y get ROR in his name? First, you shall obtain the information on how y got his name in ROR? When X is paying municipal tax, try to get the document's details and from which year paying the tax. And try in revenue offices also.
Querist :
Anonymous
(Querist) 24 October 2023
"Y" has been the recorded owner before the Settlement Survey of 1936.
"X" has fradulently got his name in muncipality register later than 1962-(the year municipality came into existance) as he was an influential lawyer of municipality itself. Municipality has no record as to ownership of the land, as well as no record, to ascertain why "X" name is in muncipality records. Further, RTI revealed, municipality has no records of ownership of holding nos of properties in total.
Further, it is clear that holding no. issued by muncipality, on any property, does not create title.
T. Kalaiselvan, Advocate
(Expert) 25 October 2023
Without confirmation of legally valid title to the seller, it would not be advisable to purchase the immovable property from a person who possess a defective title.
Dr. J C Vashista
(Expert) 28 October 2023
How it is possible that municipality do not have record of a property in their area as stated by you? Recheck.
Title of the property is defective and Z should not purchase such property.
What is meant by the term "ROR" used in the query ?
Querist :
Anonymous
(Querist) 28 October 2023
Dr JC Vasistha,
🙏
It has been cross checked at Municipal Corporation, multiple times. There exists no record as to, on what grounds, municipality Holding no.s to these properties were created.
Further, how can you say title of properties as defective? The posession of property is with municipality holding assessee, but the records of tahsil {revenue} still has the name of owner as family of other person. ROR is register of records {of owner of property} in tahsil office.
P. Venu
(Expert) 30 October 2023
Neither the payment of municipal taxes nor the entry in the RoR are absolute as to the title of the property. Any meaningful suggestion requires that the documents, if any, be perused and issues discussed.
In the absence of any credible evidence as to title, the continuous (and uncontested) possessions for more than six decades amounts to ownership.
Of course, the conclusion different if the person is possession is holding the property as a tenant or lessee in payment of payment of rent or any such lease money to Y or any other person.
The query does not reveal as to who is the proposed vendor - X or Y.
