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Piyoosh Goyal   24 January 2025

Naamjari not done

My father bought a land back on 1998 but registry is pending till date.We found the deed recently after he died one year ago.when we went to circle office for naamjaari/jamabandi it came to our knowledge that the dag number mentioned in the deed doesn't have the name of the seller in government records online.what to do to get our names in the dag number



 9 Replies

T. Kalaiselvan, Advocate (Advocate)     24 January 2025

If the property reportedly purchased by your father is in his possession and enjoyment then you should have the details of the seller or some evidence.

On the basis of evidence you may file a suit for declaration to declare the title perfecting law of adverse possession.

Piyoosh Goyal   24 January 2025

Thank you so much sir for responding,

I would like to add further that the property is in our possession and the seller is also friendly. But only the problem is that the sellers name is not showing in the dag number,because of that we are not been able to do the mutation of the deed.so sir how to add our name in the dag number.

T. Kalaiselvan, Advocate (Advocate)     24 January 2025

The seller cannot sell a property to which he is not having a clear and marketable title.

Your father hurried to purchase the property without ascetraining the details of title to the seller.

The haste he showed to purchase the property  was not shown to get the property registered on his name despite passing of more than 25 years. 

Now there is no point in realising that the seller had never had the title to sell the property.

Therefore your father may follow the route of filing a suit for declaration to declare his title perfecting the law of adverse possession on the basis of his possession and enjoyment and other documentary evidences to support his claim.

Piyoosh Goyal   24 January 2025

Thanks once again sir

My father is no more now, he expired a year ago, Now it came to our knowledge about the situation.

Her mother's name was recently removed from the namjaari list by his another brother in a separate plot next to us resulting in the confusion 

Now our plot has no registered owner at the moment but is in our possession 

We are using it but can't sell or build anything which is a big problem

 

T. Kalaiselvan, Advocate (Advocate)     24 January 2025

As your father's legal heir you can file the suit as advised. 

The seller may be impleaded as necessary party if there is a reason to believe that they were in possession of the property as an absolute owner earlier otherwise you can ignore them and file the suit against the state. 

Piyoosh Goyal   24 January 2025

That's so kind of you to give your precious time into my matter it's been a great help thanks a lot sir

Hope we be in touch 

Thanks sir once again 

T. Kalaiselvan, Advocate (Advocate)     25 January 2025

You are welcome for your appreciations.

..

Piyoosh Goyal   25 January 2025

So kind of you sir

Sir can I contact you personally through a phone call

Than I think I can be more specific about the whole scenario

I'm not being able to convey my situation perfectly resulting in a bit of anxiety/curiosity/confusion/disarray.🫣

 

Dr. J C Vashista (Advocate )     25 January 2025

The sale transaction is incomplete till it is registered with concerned Sub-Registrar.

However, your father was in possession of the property, which may be claimed to be in "adverse possession".

It is better to contact, consult and engage a local prudent civil lawyer for proper appreciation of documents, professional advise and necessary proceeding.


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