Deepa Bisht
Asked June 16, 2016

property ownership

  • 1 Answer
  • 193 Views

Mere father ne jamin liya tha 2009 Mai.... 2015m hamne ghar bnana start kiya to ek other person aake hme bolta h ye jamin uski h....hme ekse bare m kuch pta.nhi tha abhi hmne ghar bna liya bt phr b.case.chlra hai.. Es.mamle hme kya.krna.chaiye

Answer 1

In the present case the land purchased by your father is disputed and the ownership of the land has been put into question. Thus in order to prove that your father is the actual and true owner of the land following are the essentials:

1) Sale agreement with the Seller: Sale agreement is executed between the parties for dealing with the property. Sale Agreement creates a right to obtain a sale deed mentioning the property. Normally it fixes a time for completion, payment of earnest money or part payment of purchase consideration. Generally it’s a property document that precedes a sale deed and in such cases does not require registration.

2) Title Deed/Sale Deed: A title deed is "a legal document proving a person's right to property". It means the ownership right to property. Every property has a title. Title is the evidence of the right of ownership or the ground of right of ownership. A sale deed acts as a essential document for the further sale of the property by the purchaser as it establishes the proof of ownership of property.[1] A sale deed acts as the main legal property document for proving that a property was sold to the buyer by the seller. Therefore the sale deed bewill act as proof of sale as well as the transfer of ownership from your buyer to you and should be registered compulsorily.[2]

3) RTC Extracts: R.T.C is issued by the Village Accountant and is also needed to establish the title of the land. It contains details of the extent of land in a survey number or a sub-survey number, the extent of kharab land therein, the names of the present and previous owners, their respective holdings and names of the tenants, etc.

4) Patta[3]: A Patta is a legal document issued by the Government in the name of the actual owner of a particular plot of land. It can also be issued for lands having buildings or individual houses etc. constructed on them. In most cases, it can be obtained from the Tehsildar’s office in the concerned administrative district.

It is a very important record of ownership. Transactions involving the land in question require a Patta. It can also be used to establish the right of ownership in a court of law. Pata proves, beyond doubt, ownership of the property.

5) Encumbrance certificate: The encumbrance certificate is used in property transactions as an evidence of free title. When buying an apartment, land or house, it is important to confirm that the land or property does not have any legal dues from or agianst a third person.[4]

6)Latest Tax Paid Receipt till Date of Registration (Property Tax/Municipal Tax etc): It shows property details i.e. area, owners name & other imp details related to property.

7) Release deed (If applicable): Release Deed is executed to Release rights whereby a person renounces a claim upon other person or property. If you have purchased a property, which might have been inherited by seller or was part of settlement between legal heirs of original owner then definitely you will come across release deed. It is very imp property document to establish the title.

Hence, if you have these documents mainly the “sale deed”, the “RTC” and the “patta” then they would prove to be a conclusive proof of your title over the said land and thus would help the court to arrive at a decision in your favour as the owner of the land.

 

[1]http://www.legalindia.com/conveyancing-of-sale-deed-and-its-requirements/

                                                                                                                    

[2]S. 17, REGISTRATION ACT, 1908; Nathulal vs Phoolchand, 1970 AIR 546.

 

[3]http://www.moneycontrol.com/news/real-estate/why-patta-isimportant-legal-paper-for-land-ownership_938307.html

 

[4]http://www.indiarealestateforums.com/news-feed-blogs/584-encumbrance-certificate-definition-meaning-and-its-relation-to-securing-your-property

 

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