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Harsha Vardhana R (Project Manager)     10 June 2014

Rights of 1 property with only sale deed (sub-registar auth)

Respected Experts,

It is about a residential site in Karnataka ( sold in 1981 and registered in my name - aged 4 years old at that time). It was a typical revenue site in the sub-urban region of a Taluk HQ. There is nothing like a site-number etc. The document just mentions Survey Number, the roads and directions and a unknown neighbor. My mother was named as the legal guardian for me in that document authorized by the Sub-Registrar of the the region.

 

Unfortunately, I was not informed about the property. My father didn't even bother about getting Khata, Encumbrance Certificate and paying land-revenue etc. He expired around 5 years ago. My mother also expired around 3 years ago.

 

So currently I just have the original sale deed registered at Sub-Registrar Office. During initial searches, It was clear that it was sold to me FIRST but still not sure about any further fraudulent deeds. Even the exact location of site is quite unclear.

 

I have been given indications that it has already been occupied/taken-over by some others and some structures have come up.Some folks are even telling me that the person who gets Khata or Encumbrance Certificate first would be given declared as the owner irrespective of who purchases it first!

 

Only hopeful factor is that I am being approached regularly by folks with offers of a sale at a deep discount. The logic is fighting a property case personally  with just a sale deed is a long and cumbersome process.

 

I would be grateful for your advice on this matter. Would RTI (Right to Information) be helpful in any manner to get the complete log of all transactions on the property?

 

 

Regards,

Harsha Vardhana R

 

 

 

 



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     14 June 2014

If you have a registered sale deed in your name but do not have khatha or any other document, first of all apply for khatha and mutation of records on your name with the concerned authority, take their reply in writing, if it is not favorable or ambiguous, you may get the desired information through RTI and after that file a suit in the court to declare the title in your favor in the basis of the registered sale deed and also to evict the encroachers squatted in your property, if any.  Have you obtained an Encumbrance certificate and noted the encumbrances in it? do it first and approach a lawyer in your locality, seek his opinion to proceed further.

1 Like

Harsha Vardhana R (Project Manager)     14 June 2014

Dear Sri Kalaiselvan,

 

Thank you for the detailed process that is needed.

 

I do not even have any EC too! My father just purchased and kept the sale deed safely. Nothing else. Never paid any tax etc. As of now, we do not even KNOW the exact location of the site as it was not numbered!

 

Regards,

Harsha Vardhana R

 

Adv k . mahesh (advocate)     16 June 2014

first trace out the plot area its boundaries without that it would be problem

first make an application for encumbarance certificate from the plot area sub registrar office which will help for future course of action because for filing of a suit you should know the exact location of your plot or on what you will file the suit .....


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