Legal Question in Real Estate Law in India

Unregistered Property

Our family has been residing in a property which is not registered (without 'bainama'). It is in UP. We are here since our great grandfather and regularly paying house tax (over 50 years). How do we claim ownership? How to get it registered?


Asked on 6/27/07, 8:27 am

4 Answers from Attorneys

Alok Sharma Alok Sharma & Associates

Re: Unregistered Property

By Bainama i feel you mean sale deed. It is executed by a seller in favour of a purchaser. In your case both are missing.No bainama is possible. Payment of house tax for such a long period is good title. You are owners. If any one claims any right, you can always defend on the basis of such a long possession. There is no authority which register properties and its owner.

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Answered on 6/27/07, 10:40 am
kavitha balakrishnan kpp associates

Re: Unregistered Property

the village records would definetly hold your grand father or father's name for paying the property tax - kist records! All you have to do is write to the Tahsildar with copies all relevant document (receipts) and the Village Administrative Officer(VAO)'s certificate that your family have been in possession and enjoyment for a long time - more than 12 years! - and place a request to issue a patta in your name - name transfer from govt. records to your personal one. once the land is a patta land - use it wisely! take a govt. or subsidy of the govt. or nationalised bank loan to create a record that you are in possession and enjoyment of the land- the encumbrance certificate will show the transactions - it will be vital when you want to dsipose of the land. some times conditional pata may be issue - either on payment or prohibiting sale for a certain period.

not all lands in India are in the names of individual or company - some lands like yours are given to us by our forefathers! hence there may not be a sale deed!

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Answered on 6/27/07, 12:25 pm

Re: Unregistered Property

Enjoy the property.keep safe the house tax receipt which is a proof of ur continous possession and title over the property and if,in future, any body challenge your possession then contest the case till then forget every other thing.

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Answered on 6/27/07, 2:34 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Unregistered Property

It may be a case of either ownership by prescription or tresspasser in possession. Registeration is possible only if owner of property is willing to do it. If your case falls under ownership by prescription, you may consider filing a suit for declaring you as owners.

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Answered on 7/01/07, 4:14 am


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