Legal Question in Real Estate Law in India
real estate-ppty. Registation etc.
survey search:-buyer(B) had puchased immble ppty of seller(A) by public auction for rs.6digit amnt.in yr 1960.it seems the matter went into H.court &itissued CERTIFICATE of OWNERSHIP to ''B''yr1960&till today PRCARD shows his name as owner whereas a regd co-op hsg soc. with 6bldgs stands on the same plot since1962. not a single document of sale deed etc. is available with society. Q.since no change of recd have taken place whether socty can bost herself as owner &title holder of said plot?Q2.since change of ownership from ''A''2''B'' has taken place on CR.from H.COURT i presume it must have been Regsterd as per ACT1908 .if it is the fact may i be able to get certifd copy from authority how?Q3 may i also get the ''said''COURT ORDER of 1960 from court records? how to proceed in this IMP.matter?
3 Answers from Attorneys
Re: real estate-ppty. Registation etc.
Presumptions and surmises can not substitute the proofs.
You can get certified copies of all the registered deeds and orders of court.
Since there appears no sale deed in favour of the Society, it can not claim itself owner of the property.
Re: real estate-ppty. Registation etc.
since you had purchased the property by auction so it an official sale and even if the same is not recorded on records so the same does not effect your right.you may make proper representation to concern authority for correction of in records.You may also get court record,if you have all particulars of case.Society can not claim any right over your property.In case of need contact with details,professional charges are applicable.
Re: real estate-ppty. Registation etc.
As per your facts mentioned above the right towards the said property remains unaffected as you have purchased the property by way of auction and an auction is an official sale which does effect your right on the property.
In this case you may approach the Sub-Registrar Office of your zone and obtain the certified copies of all the registered deeds in lieu to the auctioned properties.
Society has no right to claim over your property so just feel stress free.
In case of need please contact personally alongwith the details.
Professional charges are applicable.
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