• How to sell the property without any property papers?

Hi, 

A housing society was found by Bank officers in 1960 and plots were allotted to all the members of the society. My father was one of the allottee and house was constructed on the plot, also the house was in my father's possession but later on the society became defunct, and my father got expired. Electricity bill and house tax was in the name of my father which was later on transferred in the name of my mother (alive) on the basis of will given by my father. We are two brothers and one sister but we don't have any papers relating to the property (allotment letter, registration of the property), house tax has been paid up to date under my mother's name. Now, we wish to sell off the property, so what are the ways this can be done considering our situation? 

Thanks,

Sanjeev
Asked 4 years ago in Property Law
Religion: Hindu

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21 Answers

1. Without the title deed it is very difficult to establish title of your father .

2. Since those are not available and only tax receipts are available then possession of the property is established.

3. Now on the basis of averments the property can indeed be sold but the bank is unlikely to give loan to the buyer if he wishes to secure loan to purchase the property.

4. There is no impediment to sell the property though.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Society must be having copy of allotment letter units records

2) house must have been constructed after plans were sanctioned

3) obtain copy of sanctioned plans from muncipal corporation

4) obtain copy of allotment letter from society records

5) you can obtain copy of registered sale deed from sub registrar office

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. How the land was acquired and how was it allotted and who constructed the house of your father?here must be some document in this regard.

2. How the land was allotted to your father for taking up the construction?

3. The Society can be defunct but it can not be wound up. You along with other allotees can make the society functional for your own interest to get the land and/or house registered in favour of the allotees or their legal heirs.

4. Alternatively, you can execute the sale deed mentioning how the property was acquired in its recital and then register the same in favour of your buyers.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Hello,

You should apply for obtaining the copy of the property deed to the registration office with a nominal fee .

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

1. Either get the Society revived to complete the registration formalities first and then sell off the said property, or

2. Register a sale deed reciting therein how the said house was acquired by your mother as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. Obtain Encumbrance Certificate for the instant property from the year 1959 till date and from the EC you can know the transfer of property by the Housing Society to your father in the year 1960.

2. Based on the information obtained from the EC, you can apply to the Sub/District Registrar of the jurisdiction to obtain certified copy of the deed through which your father became the owner of the property. Certified copy is as good as the original one.

3. After obtaining the certified copy of the deed through which your father became owner of the property, you can sell the property.

Shashidhar S. Sastry
Advocate, Bangalore
4173 Answers
258 Consultations

5.0 on 5.0

hello,

the house was in your mother's name and you have paid the house tax till date. your mother is still alive. therefore, the documents can be made from the registrar's office. your mother's ID proof etc would come in handy. the society's other residents would also testify as to the existence of your father's property.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

In order to sell the property you will have to obtain a certified copy of the registered sale deed from the sub registrar office in your area office. You would have to pay a nominal fee to procure the same.

House tax bills and electricity bills do not confer any title on the property and a registered sale deed is a must if you want to sell the property.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

You can file a suit of declaration based on the scheme notification and the electricity bills and any other document and possession to declare you owner of the property . Once the suit succed the title will be clear and you can sell it.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further if there is any buyer interested without that can sell it based on revenue entry and possession.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

please refer to the constitution of the society.

what is the present status of the society?

any share certificate was given to the allottees ?

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

if you are not in Dehradun then contact some local person or some advocate who may enquire the same and get the required documents for the sale of the property.

otherwise, the membership of the society will be transferred to the purchaser.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi Sanjeev,

You can get the all legal papers from Municipal Corporation office and Register office all details.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You have to get endorsement from concerned authority about the said housing society was defunct and also mentioned required certified copies of allotment letter and etc., this is the first step. You have to sell on the strength of said Endorsement and Will and other tax papers. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Unless you produce the title deeds of the property no prudent prospective buyer will agree to buy the property. The sale deed must have executed in favour of your father by somebody. You should conduct a title search in the office of sub-registrar through a local lawyer to find out the sale deed of the property.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Dear Concern,

Please take note of the following -

1. You can visit the Revenue Office of your local area or can hire an advocate for the same to figure out on whose name this property is registered. If your mother is paying taxes to this date and the house rent tax is coming on her name then that means this property is registered on the name of your mother in the revenue records at present.

2. File an application to get a duplicate copy of property registration to be issued on your mother's name at the revenue department.

3. Having received those papers if your mother wishes to sell of the property then she can do so.

Suppose if you do not get the property papers from the revenue department. Then you shall file a RTI before Land Allotment Record Officer (LAR) to seek information about your property papers. He will answer your query and will direct you to concern person from where you can either get the documents or can get it prepared afresh. Based on those direction either get the documents or get it prepared afresh and then if your mother wishes to sell of the property then she can do so.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

1. Make a proper recital in sale agreement of all events which led to the allotment of flat to your father

2. Also state all valid government id proofs have been issued at the address of the flat in name of original allottee

3. The purchaser can issue public notice in newspapers inviting objections against intended sale

4. A search report can also be obtained by purchaser from the registrar office

5. Annex copy of Will to the sale agreement

6. All legal heirs can sign sale agreement

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

This is my response to you:

1. You will have some original property papers with you? Which are they? Or atelast a few xerox copies?

2. Since you do not have papers, engage services of a local lawyer;

3. The lawyer will help you with draw out the succession certificate (legal heir certificate), the title search report of the property, find the previous owner/s, trace copies of the property (xerox or authentic), retrieve 'true copies' of your property from the registrar, also find the stamp duty and registration paid;

4. Once all the papers are there, or the 'True Copies' (stamped by the Registrar), with that you can sell the property to a new owner;

5. While selling you can also issue a indemnity bond, an NOC (waiving off your claim in the property in the future) also take out advertisement in the newspaper inviting claim on the property;

6. Once you trace all the papers, complete formalities from your end, you can effectively transfer the property to the new owner.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hello sir , the certified copy property registration can be obtained from the registrar office , Dehradun ... Further , if this also does not work out , all the legal heirs can file a suit for declaration in court .. The court decree will be a valid document of your ownership over the property

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

The basic document is the the title document of the proeprty without this no one can sell any property.

You can get the registration copy of the sale deed lying in yor father's name from the registrar's office.

To find the document number you can go through the contents of the Will, in which it will be mentioned that how could your father acquire this property along with the reference of the document number also.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

This property is in Dehradun, India

'

Then you can approach the Dehradun registrar's office for collecting the details

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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