Land purchased in 1999 but not registered. Who is the owner?
My father purchased a land of 1.6 acres in 1999 for Rs. 60,000, from a person named Siva. But they did not register the land at that time. Now in 2017, Mr. Siva's sister Indra, has filed a case against us claiming ownership. She had filed a case against Mr. Siva demanding fair share for daughter as well.
We are living in a village in Tamilnadu. This is an agricultural land in our village. The people who facilitated the deal, are now confirming the purchase and they agree that they were the middleman who processed the deal.
We have been farming this land since then, as they have sold it to us. We still have the agricultural receipts for this land in our name so far and the same is available with the VAO. Now we planned to build a school in this land, and suddenly they claim ownership as the land value has been considerably increased since then. Now the reference market value is almost 12 lakhs for the same land.
What should we do now?
Does the land belong them?
Won't the witness of the people who facilitated the deal has no value?
Won't the agricultural receipts in our name hold any value?
Please help, as my father is pretty much shaken.
Asked 5 months ago in Property Law from Jayankondam, Tamil Nadu
To confer clear and marketable title to land it has to be sold by registered sale deed
2) has land been mutated in your name .? Kindly clarify
3) if no sale deed had been executed in his name your father should have filed suit for specific performance
4) in your defence take plea that land was sold to you
5) rely upon receipts of proof of payments made
6)you can examine witnesses to prove that your father bought the land
If you're having possession over this land, approach the Court and seek an order of status quo. This is how you can secure your possession. File a suit before the civil court and allege that your possession is being sought to be disturbed on unfounded grounds. Secure an order of status quo.
Hii, the receipts shows that the land is in your possession over the period of time and why didn't they claim over it earlier .. But there must be some evidence of transaction , when you purchased the land .. Is there any recipet or agreement that was made at that time ??
Advocate, New Delhi
One of the core legal documents that evidence the proof of property sale and transfer of ownership between the seller and the buyer is the Sale Deed. It is important that a Sale Deed should be registered and before it is executed, one should execute a ‘sale agreement’ and should ensure that all the conditions between the seller and the buyer are complied with.
May be sivas sister had share in that property. It is the duty of buyer to check the documents before buying the same .parent document, Mother Deed is the second most important document that traces and evidences the origin/antecedent ownership of the property from the beginning, in case the property has changed various hands.
So better settle the matter amicably. If she has a share in the property then you should bound to give them.
So Check the details of Documents pertaining to the land first.
If she has a right over the property then settle the matter amicably
If she has no right over the property then contest her case.
1. The title to a property originates from the sale deed. Since the sale deed has not been executed in favour of your father he is not the owner of the property.
2. The owner continues to be Siva. If Siva or his heirs are alive and traceable then file a suit for specific performance to make them liable to execute the sale deed in your favour.
3. If you are in possession of the land then let Siva's sisters go to court through a suit for declaration of title, which you can contest by claiming adverse possession.
The solution to this is that your father should file a declaration suit to declare the title on the basis of unregistered sale deed and the revenue receipts for the revenue paid by him to the government and also adverse possession.
He can alternately pressurise the vendors to execute a registered sale deed in his favor at this stage also.