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Should I apply for title deed or adverse possession of property
15-Feb-2023 (In Property Law)
Land of same family A, B and C. My father made proper registered sale deed for A & C in 1970 and he died in 1981 itself.Now myself and my sister occupying the land A, B & C since 1970 without interruption.Govt record Patta was muted on my father name since 1980. Then Myself and my sister enjoying the land and made an partition deed in 2002 . Myself got share B & C and my brother got A. Here also Govt record Patta was muted on my name and sister name since 2003. Suddenly some third party claims that am the legal hier of Land share "B" and gave some Power of Attorney(POA). We found that he is fraud and legally won the battle that POA is fabricated once and verdict came on us and POA is cancelled .So total of 46 years the land A,B and C was occupied by US only. Questions (1) Is that good to go Title deed or Adverse possession for the same? (2) Is it safe to file stay order with partition deed made in 2002 without parent deed. (3) Imagine if we can find the true legal heirs now.
A title deed is a document that proves the ownership of a property and gives specific rights to the person who holds it. The title deed is specifically required when a property is being transferred or sold to a new person.
One of the documents that any buyer should get while buying a property is title deed. Thanks to the number of loopholes present in the real estate sector in India, all buyers need to be careful when it comes to buying properties. The buyer should ensure that the title deed is in the name of the seller who is selling the property. The title deed will also confirm that the rights to sell the property lies with the seller and not with anyone else. Sometimes the seller might give a photocopy of the title deed but the buyer should insist on seeing the original title deed. If the seller has pledged the land due to a loan, the title deed would be with the bank. In such cases, the seller might be able to show photocopy of the title deed. However, he would not be able to produce the original title deed which might imply some possible problems with the property.
In addition to the original title deed, the buyer should also ask for all previous title deeds. These documents should be verified for any possible issues.
Some of the documents that are required to get the title deed are site allotment notice, sale deed, intermediate sale deeds, encumbrance certificate, tax paid receipts, registration certificate and possession certificate.
The procedure for obtaining title deed is mentioned below:
The buyer needs to submit an application for the title deed to the urban development authority. Ensure that you have a photocopy of the sale deed while applying for the title deed.
You might need to obtain the Encumbrance certificate before applying for the title deed. In some states like Tamil Nadu, you can apply for the EC online. If you want to read more on it, click here.
You would need to obtain the lease cum sale document allotted to the original allottee.
Next, the buyer needs to obtain a transfer certificate . This certificate will be provided after a site inspection.
After doing the above mentioned work, a title deed will be issued in the property owner's name. The applicant needs to pay the stamp duty and then, the property is registered at the sub-registrar's office.
Adverse possession is when the true owner of a property loses his/her ownership rights owing to inaction on his/her part to remove a trespasser within a statutory period from the property. ... The intention of the trespasser must be to acquire title to the property by adverse possession against the true owner
One of the documents that any buyer should get while buying a property is title deed. Thanks to the number of loopholes present in the real estate sector in India, all buyers need to be careful when it comes to buying properties. The buyer should ensure that the title deed is in the name of the seller who is selling the property. The title deed will also confirm that the rights to sell the property lies with the seller and not with anyone else. Sometimes the seller might give a photocopy of the title deed but the buyer should insist on seeing the original title deed. If the seller has pledged the land due to a loan, the title deed would be with the bank. In such cases, the seller might be able to show photocopy of the title deed. However, he would not be able to produce the original title deed which might imply some possible problems with the property.
In addition to the original title deed, the buyer should also ask for all previous title deeds. These documents should be verified for any possible issues.
Some of the documents that are required to get the title deed are site allotment notice, sale deed, intermediate sale deeds, encumbrance certificate, tax paid receipts, registration certificate and possession certificate.
The procedure for obtaining title deed is mentioned below:
The buyer needs to submit an application for the title deed to the urban development authority. Ensure that you have a photocopy of the sale deed while applying for the title deed.
You might need to obtain the Encumbrance certificate before applying for the title deed. In some states like Tamil Nadu, you can apply for the EC online. If you want to read more on it, click here.
You would need to obtain the lease cum sale document allotted to the original allottee.
Next, the buyer needs to obtain a transfer certificate . This certificate will be provided after a site inspection.
After doing the above mentioned work, a title deed will be issued in the property owner's name. The applicant needs to pay the stamp duty and then, the property is registered at the sub-registrar's office.
Adverse possession is when the true owner of a property loses his/her ownership rights owing to inaction on his/her part to remove a trespasser within a statutory period from the property. ... The intention of the trespasser must be to acquire title to the property by adverse possession against the true owner
Helpful?
43+
43+
Adv. Siddhant Sharma
Delhi | 500+ Answers
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See he his not legal heir and POA no use at all because already you got a share from your parents...if u have order partition deed it will avalable , and take a declaration or ills you can take a injunction order...thank you
Helpful?
34+
34+
Adv. Vedashree A
Bangalore | 500+ Answers
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