What to do if house was purchased without documents?

681 votes

As per law, transfer of an immovable property more than 100 rupees should be effected by written document and the same should be registered otherwise it is not valid transfer in the eye of law. You should file an injection suit before the court where the property situated. If, your uncle file a suit for partition, you can take adverse possession over the property.

LawRato LawRato

912 votes

if you got all the documents which mutated in your father name then you can claim a right by prescription and you need to declare the right by filing a suit for declaration against your uncle with proper documents showing mutation and possession

Advocate Innamuri Balasubramanyam LawRato

645 votes

Hello sir,
You can file suit for declaration and permanent injunction against your uncle. Without any document you cannot claim property. But, you can claim title by “adverse possession” as you stated you were in possession more 27 years and all municipal records were in the name of your father. Most important your uncle never dispute your possession till date.

Adverse possession really means the hostile possession which is expressly or impliedly in denial of title of the true owner and in order to constitute adverse possession the possession proved must be adequate in continuity, in publicity and in extent so as to show that it is adverse to the true owner. The classical requirements of acquisition of title by adverse possession are that such possession in denial of the true owner's title must be peaceful, open and continuous. the suit for possession to that extent was not filed within 12 years of dispossession.

Advocate Nandulal Muraharikar LawRato