Purchased a plot of size measuring 40x60 on notary basis in 1996
Out of purchased plot some portion (10x60 ) was given to my brother during 1998 without rent for living purpose and look after my family since I deployed on border duties .He is continuing residing there. Now I retired from BSF and have urgent need of plot to settle my unemployed sons When I asked him to vacate it he denied and claim this property belong to him.based on property tax and electricity bill which were obtained these documents by fraud. Since no sale deed/ notary document is available with him to proof his property. What is remedy for taking possession of my property. Writ petition can be filed. . I lodged a compliant with Police but no action taken. Also file an application under RTI Act with MPEB Indore and Nagar Nigam Indore seeking information in which documents Electricity connection and property tax account opened. MPEB Indore replied that electricity connection was given to him on the basis of property tax whereas Nagar nigam has replied no documents available. Please render your valuable advice for taking further action
Asked in Property Law from Indore, Madhya Pradesh
Hi, Notarized Sale deed is not at all sale deed in the eye of law and it has no legal binding.
2. As per the provisions of the Transfer of Property Act if any immovable property more than Rupees 100 it has to transferred by virtue of Registered Sale deed.
3. You have to file a Suit for deceleration and possession of the property in the Jurisdictional Court.
4. He can not claim the ownership of the property based on the Notarized sale deed and his name was incorporated in Electricity meter.
1) property tax assessment bill will be in your brother name if only he has regsitered sale deed in his name for purchase of plot .
2) it appears your brother has some how managed to fraudulently have his name entered in property records
3)file suit for eviction of your brother since you are absolute owner of said plot of land . in said suit mention that on account of close family relationship you permitted your brother to stay on part of said land and no rentals were charged for use of said land
4) your brother is merely a gratuitous licencee and cannot claim any ownership rights
5) such licence can be revoked at any time and your brother is mere trespasser on said land
6) contact a local lawyer
1) Without a Registered Deed duly stamped and registered the ownership doesn't pass to someone Hence the notarized document does not render any rights whatsoever and cannot help prove anything.
2) It is possible that somehow using forgery he may have managed to get his name in the property tax receipts and that is worrisome.
3) As he has no actual ownership you can file a suit in the court to evict him. Firstly send him a legal notice asking to vacate and if he fails to comply file a suit for eviction.
4) He has no right to forcefully stay in the place which was given only for his use under special circumstances.
5) Engage a local lawyer to assist you further.
1. Property tax receipt and electricity bill do not vest one with ownership rights.
2. To evict your brother you should issue a lawyer's notice to him. If he does not leave on his own accord then you have the option of filing a case for his eviction in the court.
The electricity connection and property tax receipts cannot confer title to the property.They are not title documents. He has managed to get them transferred on his name that is all. You can file a suit for ejectment and also mandatory injunction against him. The police will entertain being civil in nature. The court of law is the only solution with a suit stated above.