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Nagpurian (Self)     02 January 2013

Sanctity of property card details

What is the Legal Sanctity of PROPERTY CARD issued by City Survey Office in Nagpur (Maharashtra)
If the Ownership mentioned on Property Card is ON RECORD since 1971 . . . . . .
. . . . . . . Can someone challenge the OWNERSHIP RIGHTS of persons mentioned on Property Card ??


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 10 Replies

LegalArrow ( Advocate Bangalore)     02 January 2013

Any other document, other than a sale deed, does not confer ownership on a given property. Any such other document is only a incidence of property ;  merely to identify the owner in order to assess him for tax or other related encumbrances. I think. 

Nagpurian (Self)     02 January 2013

Dear Mr.Legal Arrow,

Your ans. Seems only partially correct..

In my case My Grandfather (A) + His friend (B)  executed a saledeed in 1950. However the Property Card shows name of my Grandfather (A) only.

Now the HEIRS  (C) of my Grandfather's FRIEND (B) are claiming Share in the Property on basis of 1st Sale Deed of 1950.

What are the chances od Property Card getting amended for inclusion of those Heirs (C). Can they challenge the PROPERTY CARD ?

LegalArrow ( Advocate Bangalore)     02 January 2013

if you grandfather and his friend have executed a sale deed in favor of a third party, only that third party/L.R's have any manner of right title interest over the schedule property. Assuming of course, the said sale deed executed in 1950 has remained unchallenged.

Nagpurian (Self)     02 January 2013

The only sale-deed which exists is of year 1950 between (A) and (B)

The Property Card bears our Family Name Not of (B)

What are the chances od Property Card getting amended for inclusion of those Heirs (C). Can they challenge the PROPERTY CARD ?

LegalArrow ( Advocate Bangalore)     02 January 2013

Please be clear in your wordings. now i am assuming that your grandfather "A"has executed sale deed in favor of B ( as per you initial query wordings it is A+B Excuted sale deed(1950) in favor of 3rd party )\

If your grandfather has executed a sale deed in favour of B. then deifnately the Legal Representatives(L.R's) of B have right, title intrest over the schedule property. They ( L.R's of B i,e "C") can always appraoch the necessary auhorities to change the name in the property card to the L.R'S of B on the strength of the sale deed dated 1950. if the said authority fails to change the name ( as of now your grandfather) to L.R'S of B, they can always invoke the writ jurisdcition of the High Curt and get a direction tot the said authoity to implement the changing of the name, else they can also file a civil suit to change the name in the property card to the L'R''s of B.

Nagpurian (Self)     02 January 2013

I messed up in wordings as rightly pointed by you.

-- A+B Purchased the HOUSE from X vide sale deed(1950)

-- The Property Card bears our Family Name (A) and NOT OF (B)

-- (C) are Heirs of (B) .

-- What are the chances od Property Card getting amended for inclusion of those Heirs (C).

-- Can they challenge the PROPERTY CARD on basis of sale deed (950) ?

Extremely sorry for the inconvenience

LegalArrow ( Advocate Bangalore)     03 January 2013

Hi,

what is the relatioship between A & B?

If they are bothers then the L.R's of A and B constitute a joint hindu undivided family, assuming of course you are hindu. Therafter the joint family property is always open to partition, meaning the L.R's can seek partition and separate possession of their respective shares.

Nagpurian (Self)     03 January 2013

A = Father-in-law of B (Daughter of A has wedded to B)

A has 2 sons, Both are alive. (Daughter of A who was wedded to B has died long ago & was not a co-parcenor)

Sir pls reply fast. I am very curious on this

LegalArrow ( Advocate Bangalore)     03 January 2013

yes, B's L.R.'s have undivided share in the extent of the share of B in the said sale deed.

Naresh (no)     27 January 2013

 

Dear Legal Arrow,

My mother purchased a pugree building in 1983. The monies were paid to the HUF. Thereafter the Deed of Assignment was to be executed and registered. However the registration could not happen at that time since some of the members did not turn up. Until 1996, the old landlord's name appeared in the Municipal records. In 1996, she tried to register the Deed of Asssignment once again. This time in Index II, they transferred the name of lessee to her name with remarks 'Deed of Assignment has been submitted for registration'. I feel certain that even in 1996, the seller party did not turn up to countersign the Deed of Assignment.

Since 1996, the Municipality sends us notices regularly in the name of my mother. despite the meagre rent, we are paying all dues of the Municipality on time and as such there are no dues pending to the Municipality. We are current on that.

Now the problem is that the Collectorate Property Card still shows the name of the old party.

If the Deed of Assignment remains unsigned by the other party as a result of which the registration of the Deed of Assignment is pending, can we request the Collectorate to transfer the Property Card name to my mother's name?

As the Municipality has already transferred to my mother's name in their records and they are the lessor of the pugree property, and we have been paying dues for the past 30 years, can the Collectorate raise an objection? Will an indemnity bond do in this case? What is the procedure? Please let me know thank you in advance.


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