Documentation of property purchased 30 yr back

876 votes

There are Various legal Remedies to deal with it . Rest depends on matter. feel free to Contact for further advice and assistance Thank You Regards Advocate Kuber Hooda Punjab and Haryana High Court Delhi High Court

Advocate Kuber Hooda LawRato

610 votes

Since the land was purchased on plain paper and not through a registered sale deed, that document does not legally transfer ownership. Title in immovable property can be transferred only by a registered instrument. However, if you have been in continuous, open, and uninterrupted possession of the land for more than 12 years, you may claim ownership by way of adverse possession. You must prove long physical possession through evidence such as revenue records (if any), property tax receipts, photographs, boundary construction, cultivation record, and statements/affidavits of neighbours showing your possession for decades. The correct legal course is to file a Civil Suit for Declaration of Ownership on the basis of adverse possession along with Permanent Injunction against the legal heirs. Once the court grants a decree, the property can be mutated in your name.

Advocate Gurjant Singh LawRato

884 votes

You purchased the land around 30 years ago on the basis of a simple writing and have remained in continuous possession since then, while the seller has expired and his legal heirs are now disputing your right. In such situation, the proper and practical remedy is to file a civil suit for declaration of ownership on the basis of adverse possession along with permanent injunction. Under limitation law, if a person stays in open, peaceful, continuous and exclusive possession for more than 12 years hostile to the true owner, the original owner’s title stands extinguished; therefore even if heirs rely on original title documents, they will fail once you prove long possession. You must collect evidence such as old writing/receipt, Jamabandi and Khasra Girdawari entries, tax or electricity records, fencing or construction proof, photographs and neighbour witnesses showing you treated the land as your own. Do not depend on mutation because revenue authorities cannot decide ownership; only civil court decree will secure title and mutation will follow on its basis. Section 53-A TPA is not helpful as it is only a defence to protect possession and after 2001 requires a registered agreement, and it never grants ownership. Similarly, a suit for specific performance is practically barred by limitation after 30 years. Hence the strongest and sustainable course is declaration by adverse possession with injunction, which once decreed will permanently restrain the heirs from interfering and legally perfect your ownership.

Advocate Neha Gupta LawRato

504 votes

You must file a suit in a Civil Court to be declared the legal owner. The court will examine if your possession meets the criteria of being uninterrupted and known to the public. You must show any proof of possession like electricity bills etc.

Advocate Madhav Shankar LawRato

734 votes

If there is any building on the land or you are in possession of the land, you can easily show adverse possession. If there’s any expenses done by you for the land, any regular upkeep etc, in such case also we can try to prove adverse possession.

Advocate Arvind Yadav LawRato