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Ravi Malhotra (Manager)     02 October 2011

Property succession

My father bought a vacant land property in 1960, and subsequently died in 1985. Me and my brother came to know about this only now, when we came across this very old sale deed document (in my father's name) recently. When we visited the subject plot, we came to know that it is in possession of another person and he already constructed a house. He is having patta, corp.tax etc in his name already. We know that we were at fault of not knowing about our father's property, I would like to know what is the best we can do in this case. If we file a civil case against this person, what are the chances for us to get the title?

Best Regards, R.Malhotra



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 3 Replies

jeetendra patel (lawyer)     02 October 2011

YOU CAN FILE A SUIT FOR DECLARATION OF YOUR TITLE ALONGWITH MANDATORY RELIEFS OF POSSESSIONAND DEMOLITION OF STRUCTURES ILLEGALLY CARRIED ON THE SAID PLOT .AND IN THE ALTERNATIVE RELIEFS FOR COMPENSATION AND DAMAGES.IF THE PRESON PRESENTLY IN POSSESSION OF THE PROPERTY HAS NO LEGAL TITLE THEN YOU CAN SUCCEED AND IF THE PERSON PRESENTLY IN POSSESSION PROVES THAT HE IS BONAFIDE PURCHASER FOR VALUE WITH CONSIDERATION THEN YOU HAVE WEAK CASE YOU CAN TRY TO SETTLE THE MATTER. IT WILL TAKE TIME . BUT IF IT IS HARD EARNED PROPERTY OF YOUR FATHER THEN YOU SHOULD DEFINATELY GO FOR IT.

J.P.PATEL ADVOCATE, PUNE (9921158871)

Ravi Malhotra (Manager)     02 October 2011

The other person seem to be having a title (regd sale deed), it seems to have changed couple of hands before him. He bought it from a previous person, who even had a loan from a bank for this property and cleared it later. The current person holds the patta, paying corp. tax, sewerage tax etc., One more thing seems to be weak on our side is that we have not taken any steps in transferring the ownership of the property after our father's death in 1985. Does it have a big impact? Is there any mandatory period before which such name transfers should take place, as it as a vacant land and no possession involved?

jeetendra patel (lawyer)     03 October 2011

even if in record of rights you have not transfered your fathers/your name is not transfered still the fact remains that you had /have the title of the property i.e. saledeed.the fact remains that the possession as on today is not with you but legal title /ownership follows possession although you are not having actual and phycical possession as on today. right from the the first transaction i.e. after your fathers saledeed ,verify all rthe transactions/documents. the first transaction took place after your fathers saledeed on what basis.and who entered into transactions/with what authority verify it. if first transaction is not legal then all subsequent transactions will become illgal/void.and there you have case. you can claim that you have got knowledge of all recently and challenge all the transactions . it will take time.consult a lawyer because there may involve complicated questions of law and facts.

J.P.PATEL ADVOCATE PUNE (9921158871)


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