• How to get document details

When I was minor, part of the property written on my name.But my father's brother has converted that property in his name.I don't have any document regarding this, but I knew through our family member discussions.Now I am major.
Please advice me to identify the documents through any proper method.I knew the property details.
Is it possible to file case against him without supporting document?
Asked 3 years ago in Civil Law from Chennai, Tamil Nadu
1. Details provided by you is inadequate for proper advice,

2. Whose property it was? Was it your grandfather's property or your faher's property?

3. How has your father's brother converted the said property in his name? What document is he showing in support of his such conversion?

4. However, if you do not have any particular document to claim the said property or any share thereon, first conduct a search from the registry office to ascertain in whose name the property has been last registered & obtain a certified copy of the title deed which has been last registered,

5. If the title of the property registered is shown in your grandfather's or father's name, file a partition suit claiming your share,

6. If the title deed last registered is found to be in your Uncle's name, even then you file partition suit challenging the said Title Deed of your uncle on appropriate ground,

7. Engage a local lawyer for the purpose.
Krishna Kishore Ganguly
Advocate, Kolkata
14605 Answers
338 Consultations

5.0 on 5.0

If you were minor at the time of property transfer, there must be a guardian appointed on behalf of you to take care of the property till you become a major which in your case seems to be your uncle. Your question is lacking some information, kindly elaborate your question. Also mention whose property originally it was. Find out from the Talathi office in whose name the property is at present if you are so sure and then initiate proper legal proceeding with the help of local lawyer.
Rajni Sinha
Advocate, Mumbai
276 Answers
25 Consultations

4.8 on 5.0

1) you should take a search in sub registrar office  for last 30 years to obtain complete details of transactions that have taken place in respect of said property . 

2) obtain certified copy of title deeds in respect of the property . 

3) if your uncle has fraudelently transferred property in his name you can challenge the said transfer . 

4) contact a local lawyer .
Ajay Sethi
Advocate, Mumbai
32337 Answers
1785 Consultations

5.0 on 5.0

1. If the property has been got transferred by your father's brother to himself then he must have got the title deed registered in the office of local registrar. You can carry out a title search in the office of registrar by taking the assistance of an expert. Once you succeed in finding the relevant document apply for a certified copy thereof.

2. If the property was transferred and registered to your name then it could not subsequently have been transferred by any one except the owner i.e you. The subsequent transfer of property, made at the instance of a person other than the owner, is illegal. After obtaining a certified copy of the title deed you can challenge the subsequent transfer in court.
Ashish Davessar
Advocate, Jaipur
20451 Answers
542 Consultations

5.0 on 5.0

1. Try to  get the certified copy of the Title Deed by which your grandfather acquired the said property,

2. You can get the same by conducting search based on property schedule like Dag No., Khatian No., Holding No., Mouza name etc. as is followed in your area. It is not very difficult to get the said copy. Engage a lawyer having expertise in property search in your area,

3. After collecting the said certified copy of the title deed of your grandfather, file a partition suit against your Uncle.
Krishna Kishore Ganguly
Advocate, Kolkata
14605 Answers
338 Consultations

5.0 on 5.0

1) we have already advised you to take title search in sub registrar office . it can be done if you know the CTS no of property  , location of the property  . your lawyer will do the needful 

2) it is not possible to file case without document . you cannot indulge in a fishing expedition . court passes orders on basis of documents on record .
Ajay Sethi
Advocate, Mumbai
32337 Answers
1785 Consultations

5.0 on 5.0

There is nothing to add than to agree with my learned colleagues. Get certified copy of sale deed.
Shashidhar S. Sastry
Advocate, Bangalore
1409 Answers
84 Consultations

5.0 on 5.0

You are welcome.
Shashidhar S. Sastry
Advocate, Bangalore
1409 Answers
84 Consultations

5.0 on 5.0

thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
32337 Answers
1785 Consultations

5.0 on 5.0

Hi, you have to apply for the Encumbrance Certificate you came to know the details of the property transactions.
Pradeep Bharathipura
Advocate, Bangalore
4274 Answers
168 Consultations

4.3 on 5.0

Dear Client,you should search the document of property in Sub Registrar office Office.
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations

3.7 on 5.0

Thanks for your appreciation.
Ashish Davessar
Advocate, Jaipur
20451 Answers
542 Consultations

5.0 on 5.0

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