• Registration of property has not been done from 1950s

Hello Sir,
we have house at hyd, for which registration has not been done till now. my grand mother purchased the land in 1950's, the agreement papers was just like ordinary paper with stamp and signature of near by peoples as witness. we paid, property tax until 1980s, there after no one collected and we also did not paid. Recently we have built ground floor and in that we built 2 shops and given for rent more over my grand mother passed way recently. My Grand mother have one son ie my father and one daughter. 
My question is :
1) how to do registration of house, if we do it will we get house loan for us.
2) without registration is there any alternative to transfer that house on us.
3) recently one govt officer came to us and ask us to pay property tax and he suggest us that you can apply freshly no need to pay from 1980's, but you need to submit paper having ownership of property.  Kindly help us.
Asked 2 years ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1. The house can not be registred anymore unless the legal heris of the original seller agrees for it.
2. Your father, his sister and mother can apply for mutating their name in the register of the property.
3. Since you are in enjoyment and possession of the land for long, you can sale this property.
4. Since you have no title deed except the one you have mentioned then you better make the payment since 1980.
Devajyoti Barman
Advocate, Kolkata
10762 Answers
134 Consultations

5.0 on 5.0

1. Is the seller alive? If he is dead then are his legal heirs traceable? What is the time period specified in the agreement for the registration of the land?

2. You are not the legal owner of the house as it has not been registered. The seller or his legal heirs have to, in accordance with the agreement, make the sale deed in favour of your grandmother. 

3. You will be able to apply for loan after the registration is done.

Ashish Davessar
Advocate, Jaipur
21818 Answers
595 Consultations

5.0 on 5.0

1) agreement has to be duly stamped and regd to be admissible in evidence 

2) the agreement in your possession must be reflecting name is seller 

3)you will have to approach seller to excute sale deed duly stamped and regd in name of legal heirs of your grand mother 

4) if seller is dead his legal heirs can execute sale deed in your favour and have it  regd.  

5) in the alternative deed of confirmation can be executed by seller or his legal heirs 

6) After execution of sale deed or deed of confirmation by seller apply for mutation of property in your name   

6) only then would loan be  sanctioned 
Ajay Sethi
Advocate, Mumbai
38784 Answers
2174 Consultations

5.0 on 5.0

Hi, you can not register the property right now if the original owner is alive or not and suppose you ask then for registration and your are in trouble as per my opinion it is better pay the taxes and transfer the katha in your name.

Pradeep Bharathipura
Advocate, Bangalore
4447 Answers
191 Consultations

4.3 on 5.0

1. Do you possess the original agreement which was made between your grandmother and the seller?

2.  A conveyance deed, even if unregistered, must have been executed in favour of the person from whom you bought the land. Even in pre-independence period the registration used to take place. You should take out a title search in the office of the local registrar to find out the status of the antecedent ownership.

3. The bond prepared by your father has no legal validity.

4. Registration is not possible on the basis of the current bills and water bills.

5. Under no circumstances the bank will give you even a penny as loan as you do not have the title deed of the property.
Ashish Davessar
Advocate, Jaipur
21818 Answers
595 Consultations

5.0 on 5.0

1) no bank will sanction loan unless title is clear and marketable 

2) registration of sale deed has to be done within maximum of 8 months 

3) it cannot be done after 60 years 

4) are the water bills and property tax bills on your grand mother name ? please clarify 
Ajay Sethi
Advocate, Mumbai
38784 Answers
2174 Consultations

5.0 on 5.0

1. You do not have the title of the property since your grandmother had not registered the purchase of the said property bhe purchased in the year 1950,

2. Without registration, title of landed property does not get transfered to the buyer from the seller,

3. Contact the legal heirs of the person from whom your grandmother had purchased the land and try to get the property registered with their signatures as sellers,

4. If they refuse, you can file a declaratory suit praying for declaration that the property was purchased by your grand mother for which you are its actual owner now and directing the registrar to register the property in your names.
Krishna Kishore Ganguly
Advocate, Kolkata
16112 Answers
389 Consultations

5.0 on 5.0

1. You shall have to establish that you are the owner of the property,

2. Electricity and Water Bills are not irrefutable evidence of ownership of a property,

3. You are not expected tp get loan from any PSU Bank for want of evidence of ownership of the property,

4. File the declaratory suit as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
16112 Answers
389 Consultations

5.0 on 5.0

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