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srinivas   20 September 2016

Property documents

My father brought 2 lands one in '82 and other in '83 on my mother and on his name,these 2 are open lands at that time,Now,my father demised last year he kept only xerox copies of the registered documents in the file and never used to tell even my mother that the lands were sold out to somebody and it is true to my mother and we upto our knowledge he never sold it out.Now after careful study of the registered docs we took the EC's till date even online they show my mother and father's name as claimants and rest executants as i dont know almost all died.Now I and mom went to survey our land some person/s built a compound walls and shedded small roof.So,can help me how to proceed further when i only have xerox docs,ec's etc,rest after my father all legal heir wise documents I hold in original.I AM HELPLESS in this solution?EVEN THE certified copy shows same matter.


 3 Replies

adv.bharat @ PUNE (Lawyer)     21 September 2016

Srinias don't be panic. yOU ARE THE LEGAL HEIR OF YOUR DECEASED FATHER. Without your permission No one can encroached your own property. U need to give notice thorugh the layer for vacating the premises to that person.

If u like my suggesation then give THNAK on my profile.

G.L.N. Prasad (Retired employee.)     21 September 2016

One must admit the fact that in traditional families, most of the sale transactions are either by word of mouth or execution on Rs.5/- stamp paper and the elders never discussed about such sale with family members including wife.

The proper way is obtaining legal heir certificate and mutating the property in revenue records first.  Then once the revenue records are in the favour of the member of his family, it serves as a caution and further alienation may be arrested and the purchaser is compelled to disclose his documents.

Shashikant V. Patil (Lawyer)     21 September 2016

Dear Srinivas,

As per your facts stated, There are 02 lands hold on by  your father and monther each.  And you stated that these  were sold by your father and never told to anybode.  But 01 land is in the name of your mother and it cannot be sold without her signature and presence.  Your mother should recall  such sell of land.  You also stated it is registerd document and if yuu hold xerox also then you need not to worry.  Consult a local lawyer and tell him property number/Survey no mentioned in those sale deed, he will take search of these properties in Govt Sub-Registra Office and he will find out the  name of owners.

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