Property records damaged in SRO

Need not worry if the transaction is not on records(EC) or ask the person to produce the docs.

Dear A V Vishal,

The author said "we took the EC from 1966 to 2001 and didn't find this transaction. Now also, the EC is not showing this alleged transaction."

so, i want to ask if ec not shows Mr.A name then who is the owner ?

The encumbrance certificate is used in property transactions as an evidence of free title/ownership.

And sale deed is damaged and if mr.A shows the copy then what is the situation after that ?

Hi Vishal, my question was when the sale deed is damaged in the SRO itself, how can we verify whether Mr. A is original owner or not? But Mr. A has stil got the original documents.

don't worry this is problem of Mr. "A" because the eveidence is very important in this case. U prove that this is your property and in record of corporation, panchayat, land record, electrict city bill, telephone bill  etc.. and when u purchase the property u search a record of SRO office and revenue record? when u purchase this property u check all documents? u take a title certificate from lawyer? The vendor know about this? What the opinion of the Vendor?  

otherwise u take a Index Copy from SRO and verify that.

Dear Mr. Raji,

Here you are the absolute owner of the Property since you have taken the EC right from the year 1966-2001 which does not relfected the alleged transaction.  In your case the document provided by the claimant may be the fake one.  He may be trying to extract money from you showing this fake document. there is not need for you goting for settlement when you have purchased for a valid consideration with a proper due diligence on the title.  Let him to and file the suit for declaration of title in the court court of law, eventually burden of proof lies on him to prove the authenticity of his sale deed. as a counter you can submit the EC and sale deed, your possession of property by way of Mutation, Municipal records supported by Electricity Bills, Property Tax recieps, Telephone bills and other related documents.  When you are a bonafide purchaser of the property what for your apprehension.

regards,

Suresh

Hi, legal proceedings are pending.  Issue notice to produce original documetns U/O 12, Rule 8 of CPC.  If he produces , the question would be whether such document is genuine or fake.  Since the said document is more than 30 years old, the presumption is favor of the genuineness of the document.  If fails to produce,  adverse inference has to be drawn regarding the document.  

You are in poossession of the property irespective of nature of possession as permissive, adverse, bsolute or otherwise.  You cannot be evicted except due process of law.  EC is notalone to be considered to plead as bonafide purchaser.  Entering in to compromise depends on various facotrs.  It is for you to take decision innsuch reagrd.