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tvrao (engineer)     24 March 2018

Declaration of ownership or title deed

Dear sir,

we have purchased a property 20 yrs back, paid in full amount to the builder. Unfortunately flat was booked on some others name but paid by us. There was no agreement between us and the builder.  The flat was handed over to us for occupancy 20 yrs back. Due to our negligence and health reasons, got delayed, flat was not registered in our name from the builder. We are staying in the flat for these many years, paying property & muncipal taxes on our name. There is no one  to dispute the claim of our ownership as it actually purchased and in possession  by us without documentation.

now when we wanted  the flat registered on our name, builder says the company (joint proprietary firm) is closed and can't help in the issue. We want to file a declaration suit for ownership and title deed.

kindly mention what are the documents or evidence required in this case and probable problems may arise



 4 Replies

tvrao (engineer)     24 March 2018

Intially flat was booked by one of our neighbour resident but after one or two months of installments, they dropped and we have taken over the purchase. we have ignored to change the name in builder's record. All the receipts we're issued in his name, available with us. That time, builder told that they will register the flat on our name directly. Now initial booked person also doesn't exist and company also closed. we continue to reside in our house but without documents

tvrao (engineer)     24 March 2018

Thanks for the reply.

one thing is not clear. How it becomes a Benami transaction when the property is not all registered from builder to the neighbourhood person? They only booked with initial advance and middle dropped. Builder has allotted the same flat no to us but not updated in his record. It's our mistake not follow up  to change the name assuming builder will directly register on our name. we are asking the property to be registered / transferred on our name only. 

tvrao (engineer)     24 March 2018

But in this case, amount is paid by us for which we have proof like bank cheque & builder endorsement.

tvrao (engineer)     25 March 2018

Sir, Dealing with income tax authority is different subject arises after the property is transferred/ registered. my initial question is unanswered that is what are the things required to file a suit for declaration of ownership/title deed

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