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Manickam K. (CEO)     01 December 2009

Can we buy an ancestral property without Title Deed??

Hello to everyone ...!!!!

 

I came across a very typical problem with the title deeds of a property situated in Tamilnadu. One of the person has bought a property in 1995 thru a power of attorney given by a so called owner who has declared that he is in possession & enjoyment of the mentioned property for more than 50 years which he inherited from his grandfather. But he doesnt have any title deed of how it came to his grandfather nor a partition deed nor a will. nothing is there.

 

Now he has sold the property. Upon enquiring in the VAO office and Taluk office we found RSR & Chitta in his name from 1987 & before that in his family members name. In the EC there is no entry from the year 1900 to 1995. Only the POA & the subsequent sale entry is there in the year 1995.

 

Now my question is .....  Is it possible to sell the property with Revenue Records produced from the Taluk office or VAO office. If so for how many years do we need to produce revenue records to sell the property & get a clear saleable title. It should be acceptable by all the advocates.

 

Kindly let me know if there is any other way also. Thanks in Advance.



Learning

 11 Replies

Prakash Yedhula (Lawyer)     01 December 2009

The property can be sold if revenue records are mutated and title can be traced through them for sufficiently longer periods, as in your case. The purchaser in such cases, can cause a publication in the local dailies about his intention to purchase and call for any objections with respect to the sale transaction. 

1 Like

tanmay (lawyer)     01 December 2009

enteries in revenue record neither confer a title upon a person nor extinguish title of a person.. so never base ur decision solely on revenue enteries... if u need supreme court judgement on this  i can provide u the ruling...

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     01 December 2009

I do agree with Prakash.

Hitesh (Student)     02 December 2009

Can lower court judges give the decision to convert the private property into public property?

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     02 December 2009

I suppose the property in question is agriculture land. In such case, it is not uncommon to have the agriculture land without title deed. One may enjoy and cultivate the lands from the times of his ancestors without there being any deed of transfer. In case of agriculture lands, revenue records are vital documents as the title of barren lands goes with possession. Revenue records are proof of possession and enjoyment.

You have to simply verify the current Patta, adangal, chitta and A-register and also payment of kist in case of agriculture lands. Don't bother about duration.  

Mr.Tanmay has misunderstood the law in this aspect. It is true that revenue records does not confer title but it confirms title. In case of no title deed at all, revenue records are to be treated as vital documents confirming title of a party.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     04 December 2009

I agree with N.Ramesh,in the absence of any records pertaining to title,revenue records are the only sources to asertain the rights  of the parties, But to be on the safer side,since you are investing huge amount towards purchase of the said property,it is better to go for publication in dailies both local and national in bothe the languages such as English and Tamil.

Srinath Kondapally (Advocate)     04 December 2009

Mr. Thirumurthy,

As per the information got by u it is clear  that the owner of such land is having possessary title, but not having marketable title  even if it is not so, it is better to file a declaratory suit  for diclaration of title  over such property: 

     It is further to be noted that until and unless he is having clear  ownership title  it cannot be alieanated in any manner, if do so it is null and void 

Manickam K. (CEO)     04 December 2009

hello mr. srinath, thanks for your comments. the owner of the ancestral property has given a poa given to one mr. 'a' in 1993. using that poa mr. 'a' has sold it to mr. 'b' in 1994. then mr. 'b' has sold it to mr. 'c' in 2000. then mr. 'c' has sold it to mr. 'd' the current owner in 2007. the so called ancestral property owner is no more, he passed away in 1998 & he doesn't have any legal heirs. none of their relatives are traceable. kindly let me know what to do now and can this property be marketed. many thanks in advance...

umesh (FINANCIAL ADVISOR)     07 December 2009

My grandfather purchased the room in 1930, he died in 1991 after that my grandmother died in 1997, they left seven legal heirs including my father who died in 1977. Second uncle died in 1985 withour leaving heir. Now me and my mother are living in that room because others separated after their marriages. In 2006 the room got developed under SRA scheme of MHADA and for that purpose my uncles temporarily as they say put my elder brother's name as allotee, after the completion of building my  4 uncles and their two sisters wants to sale the flat, but they have not included my mother's name as legal heir, my elder brother is separated in 1992 but he has given them permission in writing to sell the flat, my mother is not agree because we don't have other accomodation. Can they sell the flat ? What can we do to stop them from selling ?

Y V Vishweshwar Rao (Advocate )     26 January 2010

I agree with the Opinion of Mr N Raemsh ,  the same situation in Andhra Pradesh also - !

 

p.murali krishna (M.A., B.L., )     15 May 2014

some times it may not possible for getting  the original title deed due to that it is ancestral property. at that time we observe the genology i.e., family history and flow of title and the revenue records , encumberance certificate and to observe the mutation of names in the revenue record, adangal and tax receipts and  observe  who are  in the real posession of the property  and observe the duration of the enjoyment of the real owner 


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