• Property without sale deed

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.
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

13 Answers

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

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

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

Shri Gopal Verma
Advocate, New Delhi
312 Answers
5 Consultations

4.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi, Please consult the local registrar office

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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 .

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

File a declaratory suit and seek a declaration as to your title upon this property.

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Ok.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You will have to obtain a declaration from the civil court and thereafter the property will be registered on your name

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Using the available documents, execute a proper Affadavit and/or a indemnity bond and file application for name mutation in the records of the relevant authorities.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer