• Unable to identify parents property

My mother bought a Properly in Guntur in 1984, after and have all the legal documents with us, this property is maintained by my uncle, he expired last year.

Only my father and uncle have seen this place and nobody else, we are now trying to locate the property bu unable to do so,. We are hearing from some people saying that property is registered on someone else name. How is this possible. We need this property back if this is the case. What are the legal options if someone else registered the property unlawfully, and how can we get this back and what are the legal remedies.
Asked 4 years ago in Property Law
Religion: Christian

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8 Answers

Take 30 years title search in sub registrar office 

 

2) obtain certified copy of sale deed if any executed in favour of third party 

 

3) file suit to set aside fraudulent sale deed if any executed in favour of purchaser 

Ajay Sethi
Advocate, Mumbai
97249 Answers
7855 Consultations

If you have the property papers it is easy to identify the property. Ask locals about it. Nobody can sell this property if the papers are with you and your parents didn't sell the property.

A suit for cancellation of sale deed has to be filed in case of fraudulent transactions.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Without physically locating the property or keeping possession therein on the basis of the title deed its very difficult to get back your property. 

Devajyoti Barman
Advocate, Kolkata
23284 Answers
518 Consultations

1. Apply for Encumbrance Certificate for the property from the jurisdictional Sub Registrar's Office, to find out transactions that might have happened during the period and to find out the present owner of the property, as per records.

2.  Based on above, if someone else has registered the property fraudulently, complain against him/her to the jurisdictional Police Station, to take legal action.

3.  Send a legal notice to the person who has fraudulently registered the property in his name to resolve the issue.

4.  File a case in the jurisdictional Court for declaring you as owner of the property, against the person who has fraudulently registered the property in his name.

5.  Take the help of Village Accountant/Revenue Inspector/Land Surveyor of the jurisdictional Corporation/Municipal Office/Gram Panchayat Office to trace the property.

Thank you Sir.

Shashidhar S. Sastry
Advocate, Bangalore
5427 Answers
330 Consultations

Dear Sir/Madam,

You are suggested to approach local circle officer and submit an application for demarcation of the property as per documents. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

Dear sir

The legal documents which you have, will have the details of the land/property where is it situated, from whom it was bought etc. try to figure that out. then you can contact the person from whom the property was bought.

It is possible that someone has fraudulently bought the property by showing fake deed papers.

so, if this is true, you need to send a legal notice/eviction notice to those who are residing at your property and to whom they bought the property from.

Anik Miu
Advocate, Bangalore
10292 Answers
121 Consultations

First of all get an EC for this property and confirm that on whose name the property had been registered subsequent to your mother purchasing the property. 

Obtain the certified copies of the subsequent registration documents and then issue a legal notice to the concerned person who had illegally sold or occupied or alienated your property.

You can take the help of a surveyor to locate your property as per the revenue records held by the Village revenue officer.

 

T Kalaiselvan
Advocate, Vellore
87451 Answers
2348 Consultations

- Since , your mother has bought that property and all the property documents are with you , then with the help of revenue department and the registrar official you can trace that property .

- Further, if that property registered without getting consent of your mother , then it can be cancelled after filing a suit before the court .

- Further, you should try to contact for knowing the present owner of that property as well. 

Mohammed Shahzad
Advocate, Delhi
14650 Answers
224 Consultations

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