Sir/Medam, I have a property in Maharashtra District Jalgaon, Its a small house (kaccha makaan) which my grandmother buyed from a lady 40 years ago without any paper work, and from then onwards our family paying tax to the government regularly on the name of that lady who is dead (from whom my grandmother brought the house) Even today the name the tax receipt is the same. Now we we want to change the name of the document and buy the property officially with legal paperworks , Also she was the House owner that lady who has died and our plot owner is different, So what we have to do now we want to demolish that old house and want to built a new house there with all the new documents. And we dont know any of the Nominees of the old lady nor we dont know who is the owner of that land we only know there names. And since its the matter of 40+ years I dont think that any of them are alive. So what should be the approch in this case please guide me. Thankyou so much for reading
A.Hi,
The very step is to check the background of the property. As you have mentioned you only know their names, it is recommended to try to contact them or their legal heirs and brief them on how you got the property and are paying the taxing since then. Just paying taxes will not always guarantee ownership rights if the property is not in your name. If they do not agree, then you need to proceed legally in order to claim this property by filing a suit but the court will require you to furnish any validity of you buying that land and tax receipts.
Thank you.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.If through the legal heirs and heiresses of that recorded owner,you are unable to make a Sale Deed in registered manner in respect of that property,then the only option available before you is to abandon the claim of purchase by your grandmother but to claim adverse possession as Occupier which is hostile to the recorded Owner.
Dear Client,
When a registered owner passes away leaving a property intestate, i.e, without any will, all the surviving family members and legal heirs are entitled to an equal share in the said proper...
Dear Client,
A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. After t...
Dear Client,
The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
Dear client,
If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
Dear Sir,
If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
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