• Is registered Receipt is sufficient

We have a land in Sainik Farms, Delhi which was purchased by my father in 1987. We have the original GPA which is not registered but original payment receipt of the transaction is registered.

Is the registered receipt and unregistered GPA are sufficient to prove the ownership of the land while filing a civil suit against a person having unauthorized possession of this land with no documents.
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

No it's not 

You need to have a registered sale deed 

There is a clog on your title 

However that does not bar you from filing the suit 

In that suit you can seek a declaration of ownership in your favour on basis of the documents you have 

That will be the primary prayer 

The other prayers will seek eviction of the unauthorized occupant and other injunctive and consequential reliefs 

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

Plaintiff/person filing suit for recovery of  immovable property does not need absolute proof of  ownership through title deed. It is  sufficient if the plaintiff have better proof the defendant/person against whom suit is filed. You document  are enough to establish  your title.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Whatever you have file a suit for declaration and possession and obtain stay so that he may not create any third party interest.  Let the other party file his reply and that would decide the fate of litigation.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

As a matter of fact you do not have a legally valid or legally recognised title document in your name.

The GPA  is not a title document, the principal has given power to you and not transferred his title in the property to you in any manner, hence the GPA is not a title document, besides the registered receipt for having made the payment is also not a title document, it is just a proof of the transaction.

The title document means the registered sale deed executed by the seller in favor of the purchaser.

In the absence of the above said sale deed, the purchaser cannot claim title to the property, therefore you can appraoch the seller to execute a registered sale deed in your favor after which you can file a suit for ejectment to eject the unauthorised occupant from the property. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

you need registered sale deed to confer clear and marketable title to property 

 

2) ask owner to execute registered sale deed in your favour

 

3) then file suit for eviction 

 

 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Yes it is legitimate evidence

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Dear Client,

Unregistered GPA is not valid and you will need a sale deed to prove your ownership first. Only after tha you can file a suit for unauthorized possession.

 

 

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

- As per the Supreme Court ,sale transactions carried in the name of general power of attorney will have no legal sanctity and immovable property can be sold or transferred only through registered deeds.

- Further , transactions of the nature of GPA sales or SA/ GPA/ WILL transfers’ do not convey title and do not amount to transfer nor can they be recognized or valid mode of transfer of immovable property.

- Hence in the absence of a title deed/sale deed , you cannot be considered as the owner of the said property. 

- However, if you are in possession of that property , then on the basis of transfer of property Act , you have right to take legal action against any unauthorized occupants. 

- You can file Mandatory Injunction suit against him for removing from the property . 

 

You can contact me, if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

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