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Nikhil Sharma (Manager)     26 November 2019

How to make ownership papers of possessed property?

Dear Friends,

After partition of India my Grandfather bought a flat in a refugee colony in Delhi with the help of his advocate friend as my Grandfather was paralytic. But his friend cheated him and made the power of attorney on his name and shown my Grandfather as tenant. My Grandfather paid the rent for few months and later stopped paying it due to bad financial condition.

Now, my Father along with my Mother and I have the possession of this property. My Father is now 67 years old. There is no communication of any kind between so called owners and us from almost more than 60 years. They have not even claimed anything from us at any platform.

We want to sell this property and move to other place. So, as per the new adverse possession ruling of H. Supreme Court, can we make the legal ownership papers of this property on my Father or Mother's name? If yes, then please guide me the process and where should we approach for the same.

I shall be really obliged to you.

Warm Regards.


 11 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     26 November 2019

Dear Nikhil,

If you want to claim the property in adverse possession you have to file peittion in civil court.



1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     26 November 2019

1. File a Civil Suit for Declaration in the local Civil Court, with all available supporting documentary evidences and witnesses. Seek directions to the local Revenue /Municipal authorities to transfer /mutatate ownership on their records.  Making papers is not a legal solution and will not confer any clear title of property.  Do this thru a local property lawyer.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

G.L.N. Prasad (Retired employee.)     27 November 2019

Go for an inexpensive, less time-consuming process by gifting the property in your name as gift deed, sell it away on the basis of  Registered gift deed after getting a mutation.  It is not possible to do all this paperwork by individual, trust a professional solicitor and get things done by legally valid drafting.  By following this way you need not wait for years together or spend huge sums for litigation.

1 Like

Nikhil Sharma (Manager)     27 November 2019

Thanks for the advise.

P. Venu (Advocate)     27 November 2019

How is the property shown in revenue/city survey records?

Nikhil Sharma (Manager)     29 November 2019

@P. Venu

Hi Sir,

In Municipal Corporation its on first allottee's name and we get the house tax bills on his name.

And as far as we have got it checked in L&DO(Land & Develpment Office) there are no records found.

Nikhil Sharma (Manager)     22 January 2020

Hi All,

I consulted with an advocate and he said we cannot file a petition in the court as there is no one on the other side(Other Party). We will file the case against whom?

Is it necessary to have other party in this case to file a petition?

Is there any other way out to seek court orders/directions to revenue/municipal body to mutate the property on our name?

Please help and advise.

Warm Regards

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     22 January 2020

1. FIRSTLY change the Lawyer you have just engaged /consulted /talked to /whatever....

2. The Opposite party will be the so called "advocate friend & his family legal heirs" on record, even if their whereabouts are not known /missing /expired /absconding /whatever....  Serve Notice /Summons at the last known address of this "advocate friend" (from whom Grandparents purchased property).

3. Court, after proceedings time limits, will pass orders on "ex parte" basis in your favor. SIMPLE.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

Nikhil Sharma (Manager)     22 January 2020

Thanks Mr. Hemant.

Really thankful for such hope giving advise :)

Nikhil Sharma (Manager)     22 January 2020

Should I file an RTI in respective department and get the clear situation of property in dept. records?

Will it be helpful before filing the petition?

Or will it be harmful for us?

Please suggest.

G.L.N. Prasad (Retired employee.)     22 January 2020

Through RTI, any citizen can get that is available in material form in custody of a designated official.

It may be useful and have evidence value being a public record in case of litigation.

I never heard that information provided by a public authority is harmful.

(Recently only, I have come across such falsification and fabrication of record conniving with their dealer, the public authority has fabricated several documents and destroyed original documents in entire thinking that the illiterate applicant may not be having all original documents of 1964. .  Fortunately, that lady preserved the document, and now the complaint is before CIC to decide as to whether such fabrication of public record and packaging and branding with a highly reputed public authority and stating that is their information is proper or not.)

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