Madhav Kotecha (Co-partner) 25 May 2013

Dastavej not being able to made

This is Madhav Kotecha here, a resident in Surat (Gujarat)

My family owns a house on my mother's name and stay there since 30 years. We do not have the Dastavej but have the "Kabja Rasid" (transfer papers).

We bought the house from Mr. Pravin masrani who himself bought it from Vajibhai and Valjibhai got it from the builder.

We have the kabja-rasid of Pravin bhai as well as valjibhai.

Our Apartment does not have N.A

(We want to sell the house but dastavej are not being possible)

Any legal procedure that could help us make the Dastavej ?????

Seeking a Positive Help

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2 Replies

Hemang (Advocate) 25 May 2013

Kabja receipt does not mean "Ownership". You are never an owner of the said flat. And accordingly, you cannot execute the sale deed. There is no clear title in relation to property as well. The property can be possessed and utilized by you, but cannot be sold.

Better course, is to file a suit for a declaration from the competent court that you have become an owner by efflux of time and by way of adverse possession. You may, however, take the legal advise of the local Lawyer and file suitable proceedings for appropriate relief.