You need to check the same when you executed the sale deed with that person. The title search made at that time was significant. Presently the possession is with you and the registered sale deed also. Till no one establishes any claim you don't have to worry. You cant create any new document. You need to rely on what you have. Try to sell it on the basis of registered sale deed and other documents in your custody. It is however not a very clear title in your hand.
Agricultural land - pattadar passbook available sale deed unavailable
We have received an agricultural land parcel through a registered gift deed in 2002. In the same year 2002 we have also mutated our name in all the revenue records and have been paying land revenue tax annually. As on today we have (a) Registered Gift Deed done in 2012 (b) 2 Pattadar Passbooks issued in 2002 one for ownership and other for Possession (c) Adangals with our names reflecting since 2002 (d) Land revenue paid receipts since 2002 We now want to sell the land However, when we tried to trace the title we could not locate any registered title deeds in favour of the person who gifted this land to us. We could find only 2 Pattadar Passbooks issued in 1992 in his name, one for ownership and other for Possession by the Tahsildar or MRO signed by the Village Administrative Officer and also RDO or Sub Collector. Thereafter the adangals also carried his name. When we carried out an encumbrance search at the sub registrars office for the last 35 years we found the only details being reflected are the Registered Gift Deed done in our favour in 2002. On further due diligence we found that in 1965 a gift deed was registered in favour of some body else and not in the name of the person who gave us this property through the gift deed in 2002. In the light of the above kindly advise if there would be any legal hurdles while selling this property and please also advise as to how to overcome these hurdles, if any. Thanks in advance for your guidance and patience in reading this lengthy query
Asked 8 years ago in Property Law
Religion: Hindu
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12 Answers
1) In Maharashtra there is a one form called 8D. In this form all properties are reflected of that particular person in that village. For example house number, agriculture land, all types of land numbers which belongs to him.
2) So try to take out same similar form in Andhra Pradesh Land Act., find same type of Form 8D in your village of gift donor's name. All picture will be clear.
1) you dont have clear and marketable title to property
2) the donor who executed gift deed in your favour in 2002 was not the owner of land
3) hence he could not have executed gift deed in your favour
4)further you dont have original gift deed executed in your favour
5) take search in sub regsitrar office and obtain copy of gift deed
6)file FIR about loss of original documents
7) issue public notice about loss of original gift deed
we found that in 1965 a gift deed was registered in favour of some body else and not in the name of the person who gave us this property through the gift deed in 2002. - seems missing documents links here. It may be orally partitioned and not registered. In the gift deed it would have been mentioned how the title passed on the last owner. Was there any mention about oral partition?
The buyer will be advised to go through the complete documents right from the beginning. Therefore, the missing documents stands against you.
As long as there are any takers to purchase this property in absence of the chain deed,you are free to sell this off.
There are no legal hurdles in selling this off, but I'm afraid you will find buyers in this market to purchase this property.
As you have mentioned that the first transaction is in 1965 and the next one is in your favour in 2002, there could be possible that the person who has gifted the property to you is the legal heir to the person in the year 1965.
Please check with the person who gifted the property to you about the flow of title in his name.
Check for family tree or about the ownership of the person who gifted you. and you may have to check in the court proceedings as well.
Hello,
You do not have a clear and marketable title.
Since you are in possession of the land you can sell it off.
Do not tell the purchaser about the said defect in title chain and sell the property.
Problem will arise if the legal heir of the person in whose name the property was given in 1965 come and claim the share on the property.
Otherwise there is no hurdle
And since you have been in possession for more than 12 years, your deemed possession will be considered.
Regards
1. The donor had no legal competence to execute the gift deed in your favour. As a corollary thereto, your title to the property is not free and marketable. No one can pass a title better than his own title.
2. You can file a FIR about the loss of documents.
3. If you can convince a prospective buyer to buy the property then you are free to sell it even though the title is not clear.
If the donor did not have any registered title documents to prove his title at the time of executing then what was the basis of his registered gift deed?
There should be a mention about how this property belonged to him?
Whether it was government land that was allotted to this donor by a patta?
If so then the patta shall become the title document, if not then you may have to dig out the sources.
Let the donor explain that how he got this property?
This will certainly create problem and legal hassle while the donee is trying to sell the property even though he has a registered title deed and all the mutated records in his name.
We have verified and have the following additional facts available 1.As on today we have (a) Registered Gift Deed done in 2002 (b) 2 Pattadar Passbooks issued in 2002 one for ownership and other for Possession (c) Adangals with our names reflecting since 2002 (d) Land revenue paid receipts since 2002 We are unable to trace any title deeds in favour of the person who gifted us this property. However we have the following documents favouring him: 1. pattadar passbooks for ownership and possession issued in his name in 1992 2. Pahanis and adangals since 1980 reflecting his name We have also undertaken an encumbrance search from 1968 (last 50 years) and do not find any transactions other than Gift Deed Registered in 2002. In the light of the above kindly advise 1. if there would be any legal hurdles while selling this property and please also advise as to how to overcome these hurdles, if any. 2.For what period is the land related title due diligence done. Normally banks do it for last 30 years. Since we are in 2018, will it be confined to only upto 1988 and not beyond it. If this is correct, if we sell the Property in 2032 by when the registered gift deed of 2002 in our favour would complete 30 years would it be considered as a clear title. Thanks in advance for your guidance and patience in reading this lengthy query
Asked 8 years ago
you dont have original chain of title deeds
2) you would have problems in selling the property as title deeds of person who executed gift deed are not available
3) merely because 30 years have been completed would not imply that you have clear title to property
It is very difficult to sell the property without title deeds. The buyer will ask for the same. You can approach a buyer who considers your gift deed as title deed. There is no remedy to create title deeds legally which were not in existence.
It is strange to learn that how come a third person transfer the property by a registered gift deed in your favor who you do not know, also what is the basis of the gift deed, and what has been mentioned by the donor in respect of the property being gifted by this deed to the donee?
Whether the donor was the owner with clear and marketable title to transfer this property to the donee?
What is the document that the donor is referring or being relied upon to claim his title to the property being gifted?
Without the details of the owner of the property the gift itself is invalid, or at least whether he relies upon any patta prior to this execution of gift deed?
If you are in possession and enjoyment of this property now, please continue the same by paying relevant taxes etc so that at a later stage you can perfect title by adverse possession also.