My father purchased a property in 1990 via unregistered sale deed. The property is 30*40 site measuring about 1200 sq ft. In 2003 constructed a house and taken electricity connection in his name. in 2019 he will get a Khata on his name and pays all the taxes. Using this Khata he gifts this property to me ( a house ) via registered gift deed in 2020. Khata and electricity connection name gets transferred to me in 2020.
In 2023 my neighbor encroaches 1 feet of our setback area. We filed a suit asking for 1. Declaring that the plaintiff is the absolute owner of the encroached area. 2. To issue mandatory injunction directing the defendant to remove the encroachment and put plaintiff in possession. 3. To grant permanent injunction restraining the defandants for further encroachment in the suit property(1200 sq ft).
Defendants have not filed written statement till today and taken as not filed, now it is posted for plaintiff evidence . defendants do not have any registered documents. They have unregistered sale deed document of 1993, but they have not produced to the court. they do not have any khata or property tax paid receipts. Now my advocate Is saying my father purchased a property in 1990 is unregistered so title defect is there, without the title deed, it is difficult to win the. Please suggest me how to proceed further? Can we now remove the ownership declaration and proceed with the remaining 2 prayers or please guide me.
Thank you.
