Property succession

YOU CAN FILE A SUIT FOR DECLARATION OF YOUR TITLE ALONGWITH MANDATORY RELIEFS OF POSSESSIONAND DEMOLITION OF STRUCTURES ILLEGALLY CARRIED ON THE SAID PLOT .AND IN THE ALTERNATIVE RELIEFS FOR COMPENSATION AND DAMAGES.IF THE PRESON PRESENTLY IN POSSESSION OF THE PROPERTY HAS NO LEGAL TITLE THEN YOU CAN SUCCEED AND IF THE PERSON PRESENTLY IN POSSESSION PROVES THAT HE IS BONAFIDE PURCHASER FOR VALUE WITH CONSIDERATION THEN YOU HAVE WEAK CASE YOU CAN TRY TO SETTLE THE MATTER. IT WILL TAKE TIME . BUT IF IT IS HARD EARNED PROPERTY OF YOUR FATHER THEN YOU SHOULD DEFINATELY GO FOR IT.

J.P.PATEL ADVOCATE, PUNE (9921158871)

The other person seem to be having a title (regd sale deed), it seems to have changed couple of hands before him. He bought it from a previous person, who even had a loan from a bank for this property and cleared it later. The current person holds the patta, paying corp. tax, sewerage tax etc., One more thing seems to be weak on our side is that we have not taken any steps in transferring the ownership of the property after our father's death in 1985. Does it have a big impact? Is there any mandatory period before which such name transfers should take place, as it as a vacant land and no possession involved?

even if in record of rights you have not transfered your fathers/your name is not transfered still the fact remains that you had /have the title of the property i.e. saledeed.the fact remains that the possession as on today is not with you but legal title /ownership follows possession although you are not having actual and phycical possession as on today. right from the the first transaction i.e. after your fathers saledeed ,verify all rthe transactions/documents. the first transaction took place after your fathers saledeed on what basis.and who entered into transactions/with what authority verify it. if first transaction is not legal then all subsequent transactions will become illgal/void.and there you have case. you can claim that you have got knowledge of all recently and challenge all the transactions . it will take time.consult a lawyer because there may involve complicated questions of law and facts.

J.P.PATEL ADVOCATE PUNE (9921158871)