Deed of confirmation can be executed by seller in your favour duly stamped and registered
you have to file suit for eviction against trespasser
It seems sales deed didnot registered after 20 years, what is the solution, property is encroached also
What type of legal action can be done, and what documents are required for filing suites and where it is to be filed
Deed of confirmation can be executed by seller in your favour duly stamped and registered
you have to file suit for eviction against trespasser
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.
We don't have utility bill
- 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 .
We have received of payments and mutations and lagan payment receipt
- 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.
Mutation and lagan payment receipts are more than enough. With those documents you can approach Executive Magistrate and obtain a restrain order against trespassers.
How can mutation of property be done in your favour if you don’t have registered sale deed for the property
How to check , online registration is not showing
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.
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.
The mutation records on your name shall be substantial documentary evidence to establish your possession and enjoyment of the property.
You will not get the registration details or records if there's no transactions regarding registration of property.
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
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.
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.
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.
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.