Title documents
Querist :
Anonymous
(Querist) 09 April 2022
This query is : Resolved
Resp. Experts,
I had gone through many judgements of the courts which lays a rule that Mutation entries, Property cards, Village extracts form doesn't create or extinguish the title.
It is only title documents viz various deeds/decrees etc which creates or extinguish the title.
My point of raising question is how to prove the title on property when the property in question is not subjected to any title document and title is only transferred in succession?
How much back in time one required to go and for which document should rely, so as to establish title by inheritance?
What would be the first document for title, given that Mutation entries, village forms do not confer title?
Thank You
Dr J C Vashista
(Expert) 09 April 2022
Q 1.to prove the title on property when the property in question is not subjected to any title document and title is only transferred in succession?
The document through which the deceased acquired title of the properties to determine transfer of title by succession.
Q 2 & 3 How much back in time one required to go and for which document should rely, so as to establish title by inheritance? What would be the first document for title, given that Mutation entries, village forms do not confer title?
Both the questions are vague and not clear.
P. Venu
(Expert) 09 April 2022
What is the context for this query?
To my knowledge, the legal proposition is that entries in the revenue or municipal records are title to property; it is only that they are not absolute as to title if there is overwhelming evidence to the contrary.
Querist :
Anonymous
(Querist) 09 April 2022
Dear Dr. Vashista and Mr Venu sir,
There are properties, which are in possession of family and are inherited by as many as 6 generations.
In trial court, under specific releif act, application for Temporary injunction was dismissed. The court has reasoned in writing that Property cards issued by Dy. Superintendent of Land Records and maps are NOT TITLE documents for ownership.
So what will be the title document for property in possession, as there was no requirement for sale,gift or any other deed and properties of forefathers are owned in succession without any deed.
Hence what could be the first title document for property owned in succession succession, which is not subjected to any deed?
Courts are relying on deeds doc for title. Hence I reasoned that even person making title deeds has to rely on revenue documents for title.
P. Venu
(Expert) 09 April 2022
Why temporary injunction? Who are the defendants? What is their standing?
Shubham Bhardwaj
(Expert) 09 April 2022
Dear Sir,
I completely understand your dilemma and it is actually well founded. You are in a tight spot. There are properties, such as yours, the title to which are not conferred by a document as they relate back to hundred of years back. Now the important issue is, how to establish title.
In such a case, you must get copies of 'Record of Rights i.e. Jamabandi' for as many years as possible which shows devolution of ownership from your ancestors to next generation of your family. It is true that jamabandi is not a title document but it has a corroborative value. Bu this will not be sufficient.
You must examine ( as a witness) the oldest person of your village to state that your family has been cultivating the said land (in case of cultivable land) or have been taking care of the land (in other land) since that persons memory allows to remember. Further, look for other revenue records such as settlement document with revenue authorities to corroborate latest revenue entries with those records.
Also make use of Evidence Act in your favour. Under the Evidence Act, the one in possession is treated as the owner and the onus to prove otherwise is on the person who attacks the title. Now if you dont have the title document , no one can. Further, standard of proof in civil case is preponderance of probability. Use this also in your favour.
Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- Opinion is only for guidance.
kavksatyanarayana
(Expert) 09 April 2022
As per your query, I opine you cannot claim the property as it is an ancestral property from 6 generations. So the person of the first generation might have purchased the property some long-ago year. The name of the purchaser i.e. one of your ancestors and the village/town where the property is situated, you through RTI apply to the Sub Registrar concerned requesting him to permit you to verify the old records and If you simply put an application with the necessary government fee, it is practically not possible to search and give you information. As you are interested you personally verify the records and they will assist you if any doubt arises. But it is a tough job, but luck favors you, you will get the information. But verification of jamabandi is also not an easy job and you must go to SRO to get a copy of the document if found in Jamabandi records.
Querist :
Anonymous
(Querist) 10 April 2022
Temporary injunction was against municipal corporation which is intending to demolish the structure without giving compensation.
By temporary restraining corporation, compensation is to be claimed under land acquisition act. For this purpose, records of right was placed before the court and court opined that RoR are not title document.
P. Venu
(Expert) 10 April 2022
You are posting more of opinions than facts that the query is unconvincing. Why can't you post concise facts in simple language.
K Rajasekharan
(Expert) 10 April 2022
If the land is a government / municipal property and your family has been in possession of the land for more than thirty years (30 years is the limitation period) without any title / document regarding ownership of it, you can make an attempt to prove your possession for such a long period “adverse possession” and claim its title on account of adverse possession.
If the court considers it as adverse possession, then the municipality will be prevented from claiming its ownership.
The legal consequence of adverse possession is described in an article at https://lawwatch.in/adverse-possession-its-legal-consequences/
krishna mohan
(Expert) 11 April 2022
Public property i.e. owned by Govt. can be taken over by them for a public cause. But, if your property is entered in the revenue records of the village and has been subjected to taxes, you can provide proof for possession and pray for grant of putta. Local lawyer can verify the papers with you for right advise to protect your interest in the court of law.
