Civil
Guest
(Querist) 05 January 2012
This query is : Resolved
in karnataka state, a sale deed was registered in 1974, regarding an open site and a home.
but in panchayath property register book, the purchaser's name was entered only for HOME and not for OPEN SITE, for open site someone's name was entered as it is his inherited property and since 1974 till today he paid the tax of that land, the tax payer and purchaser both have the possession over the disputed open site.
now in panchayath, there is no documents available prior to 1974.
QUESTION IS WHETHER THE SALE DEED IS VALID OR THE TAX PAYER IS THE OWNER OF THAT OPEN SITE AS HE PAID THE TAX AND HAVE POSSESSION?
IS THERE ANY CITATIONS REGARDING THIS MATTER?
Devajyoti Barman
(Expert) 05 January 2012
The title deed does not establish title over a property merely on the strength of such deed if the Vendor himself had no title.
So it all depends upon the title of the person from whom the property was purchased. If he had then the purchaser also has the title else not.
Raj Kumar Makkad
(Expert) 06 January 2012
repeated query which has already been replied well.
A seller cannot provide better rights to the buyer.
V R SHROFF
(Expert) 06 January 2012
whoever has possession of property is owner, as having undisturbed possession for over 35 years.
Property Tax name might not have changed is immaterial. Prove Possession, or acquire it, and then go for injunction.
Possession is most important, even if adverse possession. HE BECAME ABSOLUTE OWNER.
Deepak Nair
(Expert) 06 January 2012
Please refer your original thread
