I have possession of property. But not in my name. What should i do?

I have a property that is not registered in my name. The property is in Karol Bagh that was bought in 1990. It is a commercial free hold property with registry. I did not get this property transferred to my name but I do have the possession. I do not possess all documents for this property.


While the telephone bill and the electricity meter is in my name, the registry or the sale deed is still remains in the seller’s name. The seller assures us that he will get it transferred but the fear of him failing to do the transfer for any reason at the last minute remains.


What can we do in this case?




You have two possible course of actions:


i. Suit for specific performance seeking execution of sale deed: As you have stated, there is an oral agreement between you and the registered owner and in the furtherance of the same, both the parties have performed their obligations except for the execution of a sale deed.


Although the Indian law stipulates that the agreement to sell immovable property must be in writing and registered, however, Hon'ble Supreme Court in Brij Mohan and others Versus Sugra Begum and other, (1990) 4 Supreme Court Cases 147 had held the following:


"We agree with the contention of the learned counsel for the appellants to the extent that there is no requirement of law that an agreement or contract of sale of immovable property should only be in writing. However, in a case where the plaintiffs come forward to seek a decree for specific performance of contract of sale of immovable property on the basis of an oral agreement alone, heavy burden lies on the plaintiffs to prove that there was consensus ad idem between the parties for a concluded oral agreement for sale of immovable property. Whether there was such a concluded oral contract or not would be a question of act to be determined in the facts and circumstances of each individual case. It has to be established by the plaintiffs that vital and fundamental terms for sale of immovable property were concluded between the parties orally and a written agreement if any to be executed subsequently would only be a formal agreement incorporating such terms which had already been settled and concluded in the oral agreement"


So therefore the burden of proof lies upon you to show that the said contract has already been completed and the execution of the sale deed is a mere formality. 


ii. Second option is going for a suit for declaration of title by adverse possession: Adverse possession is a method of acquiring title to a property by possession for a statutory period under certain conditions. Under Indian laws, the statutory period is of 12 years and in your case, you have stayed beyond the statutory period, hence you can file a suit for declaration of title by adverse possession and prove that the necessary ingredients required under the statute have been fulfilled. 


A person who claims adverse possession should show: 


(a) on what date he came into possession,
(b) what was the nature of his possession, 
(c) whether the factum of possession was known to the other party, 
(d) how long his possession has continued, and 
(e) his possession was open and undisturbed. 


Once the above facts are established, the Court shall pass a decree for declaration of title by adverse possession.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience

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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Articles

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

Property Verification / Due Diligence

4.8 | 421 ratings
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Notice for Delay in Construction

4.4 | 24 ratings
30 Min Intro call + Start to finish help
15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Document Review - Gift Deed

4.3 | 37 ratings
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Draft a Gift Deed

4.6 | 182 ratings
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Document Review - Sale Deed

4.8 | 73 ratings
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Legal Heir / Succession Certificate

4.8 | 71 ratings
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Similar questions

My mother house sold to a person. he did not pay the total amount but we did the registration to that person..he gave 6 cheques for 11 lack rupees as …

Read More

Where will a Thika Tenant under the Act Rules thereunder will a case foreviction on ground of 1. personal requirement room occupied by a Bharatia 2. N…

Read More

Sir I want to know that does I have right on my father property we have two brothers?…

Read More

My signatures forged on agreement to sell. Suit for specific performance pending. Can I sell the property to some other person? I am a Christian.…

Read More

Talk to a lawyer for your legal issue