Multiple queries (things what went wrong) Background: Very old property (40 yrs). Sale deed between former owner and us is there as well as society shares in our name however below miss outs: 1 – Name (actual, only initial, middle name and last name is proper) is different as on sale deed and society share certificate v/s municipality records (name is correct on both sale deed and society share certificate, mismatch is only on municipality records) 2 – Though we have bank pass book showing part cash deposited just few days prior to sale deed date (remaining was paid by grand parents that time and we don’t have passbook as well as grand parents are not alive) and cheque number subsequently however the debit entry for the amount on sale deed not there since pass book was not updated for some 1.5-2 years and bank official just put dash instead. Later cheque numbers are inline with what is on sale deed i.e. if sale deed has 1 and 2, we don’t have entry for 1 and 2 but we have 5, 6 in the passbook plus the fact we had cash deposited in bank just at the time of sale deed. 3- Out of 2 share certificates, one certificate number is incorrect on sale deed however share numbers mentioned are proper. Though we don’t have anyone putting objection since we are the only owner, however I need to know the procedure to register the sale deed with sub-registrar since it was not done since then. Also can it be done solely based on sale deed and society share certificate? Also how to correct name initial in municipality. The owner was mid aged back then (40 yrs back) and no connect of him with society as well as us thus presuming may not be alive and we are unaware of any of his whereabouts i.e. legal heirs. Also currently it is rented with proper stamp and registration of LnL agreement. Since very old property high chances of going for redevelopment, thus do we follow all this sale deed registration with sub-registrar and name change in municipality or only the sale deed with society share certificate in our name would be fine to get allotment in new housing without any issues? Plus what all charges do we have to pay in the entire procees? Plus anyway if current owner i.e. our father can pass on the property to us without going through all this above and we then later get it registered with Sub-registrar? As of now all is good the only concern shall come when it shall go for redevelopment or if municiplaity runs Property KYC.
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Registration of sale deed cannot be done after 40 years
2) however deed of confirmation can be executed by seller and if he is dead is legal heirs
3) deed of confirmation should be duly stamped and registered
4) as on date you don’t have clear and marketable title to the flat
5) you will face problems in redevelopment
You can register it but you need to pay the penalty for later registration
The unregistered sale deed executed 40 years ago is not valid
You can get a fresh sale deed registered now through the original owner if he is alive or file a suit for declaration of title before the jurisdictional court on the basis of adverse possession and produce the unregistered sale deed, tax paid receipts, share certificate issued by society and the rental agreements to support your pleadings for declaring title on your name.
The registered title document is a very important document for the building likely to go for redevelopment to claim your rights in the redeveloped property.
any document can be registered max within 4 + 4 months from date of signature and execution and after that period the document cannot be registered at all
there is one provision u/s 23A of registration act for re-registration of documents, but that is for altogether different purpose and not applicable to your case
for the purpose of title you will need the sale deed and share certificate
municipal record is not a title document and it is only for revenue or fiscal purposes
i dont see any need to re-register the sale deed in your case unless it was not properly and duly registered in the first instance itself, in which case, the registration period having been lapsed, you will have to trace the original vendor or his heirs for registering the sale deed afresh in your father's favour and in case of refusal, file a suit against the vendor/his heirs for specific performance of contract
Thank you all for answering the query. Please help me with further queries based on your replies. Also, let me reiterate that the last connect the former owner had with us or society was 35 years back when he signed the share certificate and after that no one has any idea about him and his legal heir as well. @Ajay Sethi – I believe for this we need both the parties and we don’t have any information regarding former owner and his legal heir. Please advise what should be the subsequent steps. Also if deed of confirmation alone would be enough for claiming ownership in case of re-development? @Prashant Nayak – Request you to please elaborate if above documents would be sufficient and the procedure to be followed. @T Kalaiselvan – Please can you confirm if there is any condition that adverse possession needs to be filed within some stipulated timelines or fine if done some 19 years after you vacated the property? Since we physically occupied it continuously and openly for appx. 18 years before leaving and I have collected bank passbook and voter ID card in old address proof. Currently property rented under stamp and registered LnL for 11 months, continuous renewal with same person. @Yusuf Rampurawala – We do not have any information regarding “original vendor or his heirs”. Original vendor signed sale deed, transferred society share certificate (appx. 35 yrs back) and went his way. Please advise procedure to be followed in this scenario. Lastly one more query, I believed in case of re-development society share certificate would be paramount since after a building is demolished, flat does not have identity, only the land does. Was I wrong or did I have partial information? Since this is my 1st connect with legal procedures, would be grateful if you can tell me if an advocate who replied on above could help me with court filings and entire process even if we don’t reside in same city or do I necessarily have to find a local advocate only. And what
Deed of declaration can be executed by purchaser
it should be registered at sub registrar office
Contact a local lawyer in Delhi
A suit seeking declaration of title by operating the law of adverse possession can be filed after 12 years of continuous possession of the property
If a person claiming title or ownership on the basis of the registered title deed on his name, fails to file suit for recovery of possession, within a period of limitation, his right to recover the possession of that property also extinguishes. If such situation occurs, a true owner extinguishes his ownership over the property.
You have stated to have occupied the property on the basis of unregistered sale deed around 4 decades ago, hence it would be better that you get the title declared through a court of law
In your case even if you have rented the property , you are termed to be still occupied and cannot be said that you are out of your possession.
You are in continuous possession of the proeprty hence if there is any dispute regarding your title at the time of redevelopment then it is pertinent that you need to establish yor title to the property in the legally valid manner.
If you are not knowing the name and address of the original vendor you can send the notice to the vendor to his last known address after which you can file a suit.
This is a bit big subject hence you need to consult and discuss in person with an experienced lawyer, and if you are really serious to solve the issue then you can take steps to solve them legally.
Yes you can take a telephonic consultation get all details and legal procedures
- After a long period of 40 years the sale deed cannot be executed only on the ground of share certificate
- Further, the appearance of both parties are required before the Registrar for the execution of the sale deed , and hence if the earlier owner is not traceable then it cannot be registered , and even a deed of confirmation also not possible
- Further, as per law , A sale deed is the proof that the property has been legally transferred in your name, whereas a share certificate is legal proof that you are the rightful owner of the co-operative housing society's shares.
- Hence, a share certificate cannot be considered as title deed of the property
- You can file a suit for declaration before the court for declaring legal owner of the property on the ground of adverse possession
- As per Supreme court Judgment, provisions on adverse possession are made under the Limitation Act, 1963. In case an owner does not stake his claim over his property for 12 years, a squatter can acquire legal rights over the property. The prescribed period in case of for government-owned properties is 30 years.
