Based on the latest R.T.C obtained by you which is showing the name of X's father, obtain the E.C as well for the previous years in respect of the survey number shown in the R.T.C. After this obtain the title deeds pertaining to this survey number which stands in the name of X's father and his predecessors as the case might be from the E.C that you have obtained. These become the mother deeds for the said survey number. Your plot is carved out of this same survey number or any other you will get this information from the sale deed executed by X in favour of your father 28 years back. If the survey number is different, then obtain the R.T.C for that particular survey number and E.C for the previous years as stated above, then obtain the certified true copies of the title or mother deeds based on the E.C for that particular survey number.

You can only produce the certified true copies of the title deeds in respect of the said survey number as the parties/owners are no longer traceable. These documents the bank will accept.

Any other information or assistance you need, you may have to contact a local advocate to take it forward, as this process might be a little complicated.

You don’t have clear and marketable title to property 

2) you don’t have original chain of documents . 

3) there is no registered deed of family settlement or partition 

4) your father can file declaratory suit that he is absolute owner of property 

1. IF the Title Deed was not executed in favor of Father of "X", THEN it is obvious that there is no Title Deed. However since the property records are duly mutated /transferred to X-Father in the Revenue records, this will be termed final for all legal purposes.

2. Based on the registered Agreement with "X" and other existing documentary evidences and witnesses, you may prefer to file a Civil Court suit for "Declaration" of Title-Ownership and "Directions" to the Revenue dept. /Municipal dept. to mutate /transfer the revenue records, on the basis of such Court Decree. This can be done without the presence of "X" family /whosoever.

3. This Civil Court Decree, shall be irrefutable for all futuristic legal purposes, including Sale /Gift /Mortgage /Transfer /Donate /Whatever ....

4. Apprehensively the Revenue Dept., inadvertently transferred /Mutated the property in Father's name, without taking into consideration that "X" is not the Title-Owner in their records and further that "X" cannot execute the Agreement without court permissions. This can be set right via the aforementioned Court Decree.

From whome x father have purchased the land and than oral partition by father, this history must have entered in the sale deed executed with your father. 

If not than old record search will be tough. Otherwise also mother deed must of whole land and you have purchased site in the land. If you have precise detail/address of land than can obtain certificde copy of mother deed.

Also such old record may available or not. No surety.

Such old records are not available at sub registrar office but at archaic dept. Check there

See in case the mother deed is not present based on the record and your deed you can file declaratory suit before the civil court seeking declaration of ownership over the property. 

In the absence of previous title deed and the vendor is not traceable, no mother deed can be created now.

Instead your father can file a suit for declaration of title on the basis of the registered title deed in his favor and the other relevant revenue records to support his pleadings.

Once the court passes an order declaring his title then the bank cannot question the title or previous title document to sanction loan.

The vendor can be impleaded as defendant by giving his last known address in the plaint.

Let the notice be returned un-served, the plaintiff can take steps to serve the summons by substituted service of summons by publishing the summons in a local newspaper  and then get an exparte decree declaring his title.

This is one of the quickest solution to the present problem, you may discuss with your advocate for any other strategy to overcome this crisis.

You need to execute a confirmation deed with earlier owner if you don't have the earlier deed then you need to approach civil court for declaration of the same

Hi

You can get the previous record of land from the land revenue office.

Not deeds but any old documents will fulfil the bank's purpose.

Thanks

Dear sir/madam,

In olden days, there was no requirement of documents like today and the registration process of land was also ready. But, it is true that all the records related to the land are maintained by Govt at some office. It is also informed that after independence there have been several divisions of districts and the old land records pertaining to this land might be kept at record room of some parental district as well. You are required to do the desired search and then you may be able to trace the same. 

Since earlier transfer of the property was not registered the current transfer of property in favour of your father by sale is void in law. The sale can be challenged by any legal heirs of Mr. X. 

Under this situation you can file a title declaration suit in civil court by giving a paper publication inviting claims of any interest or right to the said property by any person having any lawful right interest respect of that property. 

Once court declares title in your your favour that will hold good for all purposes and bank will also accept the title without registration of previous title deed. 

Dear Sir,

 After 12 years your title become absolute and all irregularities will be deemed to be have cured. On the basis you can file a dummy suit and get your title declared as absolute and on the basis such civil suit you can get loan and sell the property also.

The best possible way left for you is, your father has to file declaratory suit, seeking declaration from court that he is the owner of the property.

The reason for doing so is, since the alleged distribution of property among children of X is not there in writing i.e., no partition / family settlement, and that, there is no Title Deed / Mother Deed (link documents to show flow of title from X to your father), as such, he is not having a clear and marketable title.

Thus, title flow is not clear from X to your father, he has to file Declaration Suti.

Your title is not under challenge. Declaration suit ? 

You want to file declaration suit to obtain decree of court to declare your sale deed valid which is not disputed ?

Your wasting time and money and disputing your own title. All the best.

Dear sir/madam, 

It is suggested that no time frame exactly can be given for decision of the case but it may go for 2-3 years in general. You may file the case with photocopy of documents and also submit the loan documents to authenticate your version. If required the original documents may be summoned from bank. 

It will take sone years exact time can't be quantified. You can get the certified copies through bank

The time taken for the disposal of the declaratory suit depends on whether the defendant will participate in the case or not.

Since the vendors are not traceable, you may follow the procedures as suggested, so that the case can be decreed exparte in your favor within six months, provided your advocate is cooperating and makes prompt moves before court.

Yes, the court will require you to produce the original title document in yor favor, since the bank has not granted the loan, you can retrieve the document from bank and can submit it late when you apply for loan again at a later stage.

1. The only option available with you is to file declaratory suit to obtain clear title of the property because your father neither have chain of documents not the partition was registered by previous owner.

2. By filing declaratory suit your father will have clear title over the property and then you can get loan from bank.

- Since you are unable to arrange the previous  /chain documents , and further the vendor is untraceable , then there is only way to file a Declaration suit before the court. 

- You can file the said suit after making Mr.X  as party with the address as given in the title deed of your father, as last known address.

- If the summon of the court will not served upon the address given by you, then there is possibility to publish in news paper and affiliation as well. 

- In this way you will get an ex-parte decree from the court , but the possibility to call the concerned staff of the Registrar , who registered the said sale deed of your father for proving the documents.

- Even , if Mr X or any legal heir appear before the court , or not appear , you will get the said Decree within a maximum period of 6 months. 

1. See the court will issue notice to original sellers and it can take some time in the civil court.  At time of filing true copy can be produced at later stage you have to produce original.

Declaration suit normally can take around 6 to 10 months. If proceedings happens on time.

Original documents are to be enclosed in the court case.

Thanks

Disposal of suit depends upon pendency  of cases in trial court   

2) you can enclose xerox copy to suit proceedings but would have to produce original during trial 

you can apply for the certified copy of the mother deed of the said document in concerned sub-register office and get its copy and also take an affidavit from the present owner that, the said mother deed is lost and he has not availed any loan and is not found even after due search, so that you will have clear title

The Suit for declaration is to declare a right of the part and when the right is peratining to property.  It all depends on the facts of the case and rights of the party /Plaintiff . 

It takes around 5 years to 10 years (subject to complications  created by third parties) and also depending on the pendency of the cases before the concerned  court.

You can submit the certified copy of the sale deed by informing the court that the original is with the Bank.