• Sale deed registration

It seems sales deed didnot registered after 20 years, what is the solution, property is encroached also
Asked 4 years ago in Property Law
Religion: Hindu

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21 Answers

Deed of confirmation can be executed by seller in your favour duly stamped and registered 

 

you have to file suit for eviction against trespasser

Ajay Sethi
Advocate, Mumbai
97387 Answers
7868 Consultations

Suit for eviction has to be filed in district court having jurisdiction in your city 

 

 

Ajay Sethi
Advocate, Mumbai
97387 Answers
7868 Consultations

There is way to register sale deed if you in possession of property. A direction has to be taken to the Sub-Registrar to register sale deed. Court will give such direction. For the encroachment also a suit has to be filed in Court. For immediate relief you can file 144 proceeding before Executive Magistrate/Tahsildar to restrain any encroachment on land.

For 144 only proof possession like current bill, water bill or telephone bill, registered posts received on the address are sufficient.

Ravi Shinde
Advocate, Hyderabad
4344 Answers
42 Consultations

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
97387 Answers
7868 Consultations

- If the sale deed has not been registered in your favour , and further not in possession , then how you are claiming to be the owner of  that property. 

- As per law, you must have documentary proof for being owner of the property or making the payment to the seller or occupation & in possession of the property. 

- Hence, if you having certain proofs of ownership or payment etc, then you can remove /take the possession from the encroacher legally. 

- You should lodge a compliant against that enchrocher before the police , and further file a suit for possession , declaration and injunction against that person . 

Mohammed Shahzad
Advocate, Delhi
14717 Answers
224 Consultations

- Since, you having the mutation and proof of payment , then you should take legal action as i mentioned above. 

 

You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
14717 Answers
224 Consultations

Mutation and lagan payment receipts are more than enough. With those documents you can approach Executive Magistrate and obtain a restrain order against trespassers. 

Ravi Shinde
Advocate, Hyderabad
4344 Answers
42 Consultations

How can mutation of property be done in your favour if you don’t have registered sale deed for the property 

Ajay Sethi
Advocate, Mumbai
97387 Answers
7868 Consultations

Take 30 years title search in sub registrar office in city where property is located 

Ajay Sethi
Advocate, Mumbai
97387 Answers
7868 Consultations

Without registration of the property,  you cannot claim title to the property. 

You can approach the seller to execute a registered sale deed in favor of you immediately and then file a suit to eject the encroachers. 

T Kalaiselvan
Advocate, Vellore
87589 Answers
2351 Consultations

You may have to file a civil suit against the encroachers for ejecting them and for possession. 

You first have to get the property registered to your name by the seller. 

The registered sale deed,  the tax receipts and other relevant papers can be relied upon as documents to file the suit.

T Kalaiselvan
Advocate, Vellore
87589 Answers
2351 Consultations

You can supplement it by some other relevant documents. 

 

T Kalaiselvan
Advocate, Vellore
87589 Answers
2351 Consultations

The mutation records on your name shall be substantial documentary evidence to establish your possession and enjoyment of the property. 

T Kalaiselvan
Advocate, Vellore
87589 Answers
2351 Consultations

You will not get the registration details or records if there's no transactions regarding registration of property. 

T Kalaiselvan
Advocate, Vellore
87589 Answers
2351 Consultations

mutation is the process of getting a new owner’s name entered into the government’s records, against the property he has recently purchased. Check receipt of lagan and mutation .If it is in your name then most probably the property registered in favour of you. 

The city tehsildar is responsible for taking the application for dakhil- kharij ((entry-removal of previous owners name )  and accepting or rejecting it, after due diligence. You can visit the tehsil office and the details of property.

if any encroachment the file a suit 

Ajay N S
Advocate, Ernakulam
4097 Answers
113 Consultations

Dear sir/ma'am,

 

When a property has not been registered, it is very difficult to prove ownership of that land.

The payments and mutations can act as evidence to help you claim possession of property but this cannot be conclusive for the court. You may require some other relevant documents that show your possession of property. 

If the seller is ready to execute a fresh sale deed now, then do it is as soon as possible.

An eviction suit can be filed against those who have encroached upon the property. Thank you.

Anik Miu
Advocate, Bangalore
10335 Answers
121 Consultations

1. With out registering the deed of conveyance, the title of the property is not transferred in favour of the buyer.

 

2. You shall have to register it now paying the stamp duty as per today's value of the property or file a declaratory suit praying for a declaration that the said property belongs to you and the Registrar is directed to register the said unregistered Title Deed based on the Court order.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

1. Filing of suit has been suggested in my earlier post.

 

2. It has to be filed before the local Civil Court submitting documents to prove that you had bought the said property and are in its possession till now.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

Whatever you have to prove that you had paid for the consideration along with evidence that you are in possession of the said property, shall have to be submitted by you before the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

You shall have to submit the said documents to prove that you had purchased the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

The sale deed conveying the  property in your favour has not been registered for which the property does not stand in your name in any Governmental records.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

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