You cannot claim ownership rights on property
2) you can only claim defence of adverse possession as you have open , hostile , uninterrupted possession for over 12 years
We are living in property since 1856 and paying all tax, house tax ,mcd tax, etc regularly but we don't have any sale deed. now we want to register it, how it can be done.
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since 1956
You cannot claim ownership rights on property
2) you can only claim defence of adverse possession as you have open , hostile , uninterrupted possession for over 12 years
As you said that you are living in the premises since 1956 therefore one way is to ascertain the titleship of property by way of scrutinizing the municipal record so that the chain of ownership could be established in your favour. The other way is that you have come under the ownership and possession by way of adverse possession. Therefore before taking up the future action the proper study is needed of the municipal records.
SHRI GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
Check the property record on the records of revenue department and municipal department. As the property tax is paid by you the tax recipt shows you owner and it is uninterrupted in such a way that the records shows you you continuous owner and you have possession of property so in lieu of principle of adverse possession you retain the property. And for establishing ownership file for declaration in civil suit and put all evidence on record showing your name in records and recipies.
Dear Sir,
In India there are 80 percent properties which are not having any sale deeds, believe me. You can create it in the name of one of your family member of joint names of family members. Even otherwise you may create other documents like gift deed or release deed etc. Please do it is cost wise other wise you have to shell out large amount of amount towards registration charges. Please see the registration structure of your state and go for economical way. Wish you all the best.
Dear Client,
By theory of adverse possession, you are absolute owner of the property, except its not govt. land.
Apply for lease deed sitting all tax receipt from last 12 or more years, still not issued in your name, than suit for declaration with consequential relief .
File a declaratory suit and seek a declaration as to your title upon this property.
Contact a local lawyer.
How do you say that you stay in the property since1856?
Do you have any proof or evidence for that?
What is the basis that you pay the taxes?
Did you apply for revenue to your name?
If your application for name transfer to your name is rejected by the revenue department you may file a suit for declaration of your title before a court competent.
If you are paying tax in your name, in the mutation book you will find all brief detail from where the property is interested on your forefathers name.
You will have to obtain a declaration from the civil court and thereafter the property will be registered on your name
By applying adverse possession who become the title holder fo the land, just that you have to take formal declaration from the concerned court
Regards