• Ancestral property without documents

In Andhra Pradesh, we four brothers have inherited an ancestral land property. The Pattadar Pass book, Adangal are in our father's name, and we also have property tax paid by him since 1981. Other than this, we do not have any old documents which show that the land came into my father's possession through our grand fathers.
Now we want to sell the land, but the buyers are asking for the historical documents. What shall we do ?
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

First obtain the certified copy of the record of document from local revenue office/ sub registrar office wherin it will show the complete history of the land from time it is included in revenue records.

Secondly if in such documents also name is not available file a declaratory suit based on property receipts and pattadar passbook to declare you owner of the property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Firstly, yes you all can sell it with consent between all as all the valid conparsners.

Secondly, if you are not safe about it’s prior record then say that it would dilute by law of succession.

Thirdly, apply for the legal heir certificate before the SDM to show your relation with the deceased farmer.

The try to convince the builder on the point that now it’s been numbers of years so automatically you have become the owner of the property.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. For a hindu joint undivided family property, the karta of the HUF would enter into sale contract with the buyers

2. For the above the karta would need the consent of all coparcenors

3. The HUF not only includes you 4 brothers but also your children

4. So all of them have to confirm the sale in favour of buyers

5. The eldest brother of you can become the karta. Apply for HUF pan card.

6. Then issue a public notice in newspapers announcing that the ancestral property is being sold and if any member from public has any objections then the same needs to be notified within 14 days of public notice.

7. This will convince the buyer somewhat.

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1) Visit to Collector office of your city area from there you will get all mutation records of the land.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

you need original chain of documents to confer clear and marketable title to property

2) take search in sub registrar office for title deed of your property

3) obtain certified copy of documents from sub registrar office

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

payment of property tax does not confer title to property

2) entry in revenue records is only for payment of property taxes

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir,

The law is as follows

Joint-owners or co-owners are those people who have a share in the said property. More than one person can be the owner of a property. Joint property owners most of the times are spouse or it could be parents, children or siblings. A property can also be jointly owned with anyone- it could be friends, colleagues, distant relatives etc.

While there are no restrictions in owning a property with anyone, joint home loans come in with certain restrictions. Banks do not sanction joint home loans for relations other than husband-wife, parents and children and in certain cases for brothers, provided they have joint ownership.

Co-ownership of property not is generally mandatory for considering the income of applicants for a loan. All co-borrowers are equally responsible for repayment of loan taken from the bank.

Who is liable to repay the loan?

The liability to repay the loan obtained lies equally with all of the applicants. For example, let us suppose that a working couple has applied for a joint home loan and after few years, the wife stopped working and the husband continues paying the loan EMIs by himself. Now if he had temporarily stops working due and the EMIs could not be paid, the bank serves notice for nonpayment against both husband and wife, as they are equally responsible for loan repayment.

What happens if you become a loan defaulter?

Once you become a loan defaulter, the bank will start the process of taking over your property. They can arrange an auction to sell your house/flat and recover their due amount. If you want to take any action, you need to take before this auction. Apart from this, your credit score will also be hit hard and you might not be eligible for loans in the future. This can be the worst thing to happen to you.

What are the options in this situation?

The best option for you would be to negotiate with the lender upon this. Banks will be ready to talk you over this issue rather than going through the tiresome process of taking over your asset. You can reach out to them with the past documents of EMI payments for this loan or the previous loans that you have cleared. Let us see what all options you have in hand:

1) Ask for a grace period - You can seek a grace period from the bank in order to continue with the EMI payments. You can clearly explain to them the reasons for not being able to pay EMIs such as loss of job or dip in sales of business, etc. Bank may be willing to give you the grace period for resuming EMI payments with some penalty.

2) Loan refinancing - There could be a case where the interest rates have gone up and hence you may not afford the increased EMI. You can talk to the bank to restructure or refinance your home loan. They can increase the tenure of the loan as a result of which your EMI would go down. Though this will result in you paying more, it will be better than losing possession of the property.

3) Counseling centers - There are counseling centers to help you with this issue. They would provide you the appropriate options based on your situation. They will also give you fair knowledge on the things to be followed so that you do not fall into a debt trap. Dena Bank has a credit counseling center which does exactly this.

4) Liquidating your investments - This will be the final step that you can resort to, if the above options do not work out for you. You can liquidate your existing investments such as deposits or mutual funds to pay the EMIs. You can also use this amount to make part payment for the loan which will reduce the EMI going forward.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You have to look for the documents by procuring an encumbrance certificate on the basis of the survey number of the properties.

If there is no such document is reflected in the EC obtained for a period of at least 50 years, you can discuss among yourselves and arrive at a decision for a mutual partition, and the same drawn as deed, get the deed registered.

This registered partition deed shall become a proper title document.

There will not be a problem to sell the property jointly to a single buyer at a later stage even if the property has been partitioned.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

we also have receipts for property tax paid by him since 1981.

What about the property title document?

Without title document, no on will come forward for purchase of this property.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Apply for certified copies of Jamabandi, Revenue records

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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