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How to get property transferred if no papers are available


27-Oct-2023 (In Property Law)
Dear Sir/Mam, Hope you are doing great. Please let me know the process to get my parents property transferred into my name on Land records and get the registry done. My religion is Hindu. I have lost my parents in the year 1990 in an accident and I am the only son of there. My dad made a house 1987 on the land which was given to him through his parents. Now I am getting the property tax from Nagar Nigam on my father's name for this property and its been the case since the time my father made the house. For last few years I have been paying all the remaining taxes and have cleared all the pending property tax. But when I checked the Land records online, its showing under third party’s name. I don’t have any records apart from the property tax records, which comes on my father’s name. I don’t have any registry papers and no records of that third party’s name (how the third party is holding the land) listed on Land records (Rajswa wibhag). Thanks
Answers (2)

Answer #1
956 votes
First of all you will have got done a search in land record as to when & how the title was transferred to your grand father's name. Thereafter the date of mutation done in Municipal Corporation in your father's name as you stated that the property tax is being paid in the name of your father. after this please approach with death certificate of your father to municipal corpn for mutation in your name as well as in land record through patwari of your Halka.
Answer #2
922 votes
Actual proof of ownership is a registry, not a municipality tax paying record.

It seems, even your father did not have the registry for the property in question.

The reason why another person's name is there in the records of registry, is that at the time when the property might have been purchased, it might not have been duly transferred in the name of the purchaser.

Or there may be another reason that the property might have been fraudulently transferred in registry records by the person whose name is there currently.

You can challenge record of the person's name in the Court, by proving your long unchallenged possession and tax payment records.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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