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susunil (partner)     24 February 2013

Claim by legal heirs of the seller after 50 years

My father bought a vacant residential plot  land in 1965  from Mr. "A". This Conveyance Deed is duly Registered with the Registrar in the same year.

Mr."A"  has earlier bought this plot from Mr."X" in the year 1960 under a Sale/Conveyance Deed which is also duly Registered. The Document Number of this first Registered Sale Deed between "X" and "A"  is mentioned  in my father's conveyance deed with Mr. "A".

In the Property Card is still in the name of Mr. "X".  My father is in complete peaceful poccession of this plot for last 47 years. My father constructed a house also on 50% of this plot and balance 50% portion is used as private garden in front of the house.

My father has misplaced the copy of  registered Sale Deed between Mr. "X" and Mr. "A". Although it is a Registered Document, the copy of the same is also not available with the Registrar's Office or with anybody else.They say it not available. Its Registration Number is mentioned in Sale Deed of 1965 between my father and Mr."A".  Also Mr. "A" 's whereabouts are not known at present.

Now, the problem is that now after nearly 50 years,  the legal heirs of Mr."X" have suddenly started claimimg the ownership rights of this plot from my father saying that Mr. "X" had never sold this plot to Mr. "A".

Please let me know  1) whether legal heirs of Mr. X can claim any rights under these circumstances.?

2) Are my father's ownership rights 100% safe or not ?

3) What are the steps we need to take to protect our rights.

4) How to get the copy of conveyance deed of 1960 and whether Govt. Registration office can merely say that it is not available or traceable.? We have a feeling that the Local Registration Office may be doing this intentionally for some reasons.

Please reply asap.

Thanks.



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 February 2013

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APLands, home of AP Revenue department Details now in online How to know your land details?Revenue Department has provided the All AP Lands details at websites, now it is easy to know the property belongs to whom? The APLands website ishttps://apland.ap.nic.in.This web site is only for getting some information about the lands but it cannot be used as a certified copy in legal claims. Revenue Department for citizen service providing Land Adangals, Pahani, ROR – 1B, FMB, Tippan records details in web site. To Download Telugu fonts Manually Click here- Save the File to your system's Fonts sFolder (Requires Administrator Privileges), Refresh the folder and Restart the Browser and access this website.


Kumar Doab (FIN)     24 February 2013

You have posted that:

“In the Property Card is still in the name of Mr. "X".”

“Although it is a Registered Document, the copy of the same is also not available with the Registrar's Office or with anybody else.”

“They say it not available.”----implying it is all verbal.

It is felt that in some states the seller is required to produce the latest Fard showing the name of current owner at the time of registration of property. If the seller is not the owner registering authority might refuse to register the deed.

In your state the property card might be the term for Fard.

Thus at the time of registration Fard showing A as owner might have been produced.

You may obtain certified copies of Fard that was attached.

Copy of the deed is sent by the registering authority ( Sub Tehsildar) to Tehsil record ( Kanungo) and then to Patwari to enter the name of owner in records ( Intkaal).

Thus the Intkaal should have reflected the name latest owner i.e. Your Father.

Based on the Conveyance Deed registered in the name of your father showing the registration number of previous ownership in the name of A ( prior to A X as owner) you may apply for inserting name of your father in Property Card (Intkaal).

Let the registering authority reply in writing what is not traceable and why.

You can even peruse RTI route later.

Another way out is approach a tactful, resourceful, property agent, deed writer, lawyer, Patwaari, Kanungo at your location and get the name of your father inserted in Property Card (Intkaal) and obtain certified copy.

The lawyer specializing in revenue/property matters at your location can guide you.

Valuable advice of learned experts/members is sought.

1 Like

susunil (partner)     24 February 2013

Thank you very much for your reply.

We have copy of latest Property Card which  still shows the name of Mr. "X", the first seller who sold it to Mr."A", from whom my father bought the plot.

Mr. A's name is not appearing on the property card.

The missing document is Registered Sale Deed between Mr.X and Mr.A.  Nobody including Registration office has copy of this sale deed although it was a registered document. 

How to obtain a copy of this first sale deed ?  If anybody is to challenge my father's right over the title of the property, can he succeed or how my father can make his title 100% secure. Inserting the name of my father in property card is not being done due to objections by legal heirs of Mr.X.

Please reply.

Thanks.

Kumar Doab (FIN)     24 February 2013

If owner of the property misplaces the deed to which authority he shall he apply for a certified copy? Obviously he shall apply to the o/o registering authority or the authority as per process in your state. The owner needs to tender the fee as fixed by the authority.

If the authority states that it has misplaced the records then who shall fix the responsibility?

If the government authority/ government starts misplacing or declaring the record is misplaced then it is not pardonable.

Some one shall be punished.

Moreover there are multiple entries in multiple offices and the registering authority and his superior offices would know the registers and records where the entries are made and thus how to recreate the record and documents.

Find out in which registers and in which offices the entries were made during that period, and procure certified copies.

First of all Let the registering authority reply in writing what is not traceable and why.

You can even peruse RTI route later.

You should always maintain that as the sale deeds were registered vide numbers the name of the latest owner should feature in records.

You are not at fault.

The lawyer specializing in revenue/property matters at your location can guide you.

Approach a competent and experienced lawyer.

Since your interest is getting affected you may ensure the things are put in order and are speculations are put to rest forever.

Valuable advice of learned experts/members is sought.

 

  


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