Jagoinvestor

August 31, 2012

How Delay in Land Registration Costed Rs 50 lacs to Vivek – Real Life Experience

I want to share a real-life incident. One of my friend Vivek told me how he lost Rs 50 lacs worth of Land in one shot because his grandfather made a mistake of not doing land registration on time and kept delaying it for so long, that it was finally too late. It was just an irresponsible attitude towards documentation. The funny part is that no one in the family knew about this except his grandfather and these guys only came to know about it and were shocked by the incident. Vivek’s Grandfather lived near Varanasi and had always believed that the money should be invested in land and properties, Its the only way to grow your money faster and there is no risk in it.

Whenever he has any chunk of money, he just used to buy land with a future vision that one day it will be useful and give good returns and help his big family and so many children and grandchildren. This was during the 1960’s and ’70s. So once, he bought a big plot near Varanasi. You might be aware of how in villages and small cities, most of the work is done on relationships and verbally. Someone’s word is taken as promise and that was a time when people were not that bad like today:), hence things went smoothly, especially in those days and in a situation where everyone knows everyone.

Land Registration In India - Mistakes and Real Life Experience

So he bought land from one of the known people who lived very near to their home. e paid the money and bought the land (everything verbally).

It was a normal incident.

Their point was “Documentation will happen in a few days/weeks” . Both parties were fine with this, as the world was not going to end and there was ample time to things. Grandfather also started construction on the land and things started moving. No attention to proper documentation and registration even after many weeks and months. The land registration fees was also not that high. Few people kept reminding Vivek’s grandfather that Land registration is still incomplete and it has to be done. But he kept on delaying it as he was over-optimistic and never felt that anything can go wrong. He over-trusted the people around him.

From Future to Now

40 yrs are gone. Grandfather is no more, The guy from whom he had bought the land is also not in this world, he was a good guy. Grandfather’s vast properties were divided between his children (obviously daughters didn’t know that they are also legal heirs and claim their share as per Hindu Succession law). Now the guy who had sold his land took the money and is dead now, his children one day found out the property papers and saw that it’s on their father’s name.

You know what happened next.

They knew this is a bloody awesome situation and gave Vivek and his brother a choice. Either give 50% of the property back (without much fuss and delay) or 100% property with a court case. They knew the other party is totally weak (100% weak) from the documentation angle and legally they can not do anything. The proof that “land was sold and money was paid” does not exist anywhere. Knowing how badly they are stuck with this situation, Vivek and his brother had to hand over 50% of the property to these people else they could have lost everything. The land cost was approx Rs 1 crore and the 50% part was worth Rs 50 lacs in today’s standards.

What is Land/Property Registration and Why is it Necessary?

Land or Property Registration refers to the registration to document changes in ownership and transactions involving immovable property. Whenever you buy a piece of land/immovable property, you need to register the same with the authority concerned, so that a legal ownership title is guaranteed to you. This greatly reduces the risk of fraud and helps solve disputes easily, in addition to creating and maintaining an up-to-date public record. While Land Or Property registration is not that easy, still there are some measures being taken for making property and Land registrations easy in recent times. Also, the registration process depends and varies from state to state, you can get the information about some state here

Is your Land Registration Complete?

A lot of instances like this happen in our life also. We make payments to people and do transactions and make promises verbally. If anything happens to us in between, neither there is any track or it, nor any information about it, our family will never be able to find out what happened, in fact they will not even know that “it happened” . So always refrain from doing anything which is not backed up by supporting documentation. Never!

Especially on the Real estate part, check if the documents are totally in place, see it from “What if I am not there” angle! Do you have any experiences like the above-mentioned example? Do you know someone who has not completed his Land Registration of Property Registration?

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RAJENDRA SINGH
RAJENDRA SINGH
3 years ago

i AM GOING TO PURCHASE A FLAT IN VIJAY ENCLAVE , DELHI, WHICH IS A BUILDER FLAT AND IT IS REGISTERED , I SAID TO PROPERTY DEALER TO REGISTER THIS FLAT IN MY NAME , HE IS SAYING PROPERY WILL BE REGISTERED IN MY NAME BUT I HAVE TO PAY COMMISSION AROUND 90 K TO 1 L TO SUB-RAGISTRAR (KAPASHERA DELHI) TO REGISTER THIS FLAT IN MY NAME, REASON BEHIND IS GIVING BY DEALER THAT PROPERTY IN THIS AREA IS NOT REGISTERED SO EASILY, PLEASE CONFIRM SHOULD I PAY THIS COMMISSION ,WHEN IT IS ALREADY REGISTER EARLIER BY BUILDER IN HIS NAME THEN WHY I PAY COMMISSION RATHER THAN STAMP DUTY, PLEASE SUGEST.

A K Chawla
A K Chawla
3 years ago

My mother had bought a plot of land 10 years back but the builder has not provided possession of the same as sewage lines are not operational yet. Further, the Builder-Buyer Agreement is yet to be executed! But we have all the receipts of payments and official letters from the reputed builder. Further, we are constantly getting Maintenance of Common Area Bills through email showing my mother’s name as the owner. What do you advice about the legal standing of my mother in the absence of the Builder Buyer Agreement regarding the said property. I am waiting for her to get vaccinated against Corona before taking her for Conveyance Deed, etc as she is 79 years old.
Thanks in advance…

krupa
krupa
3 years ago

hi sir,
i am from andhra pradesh.
my grand father bought a land in 1953 and and we have also have a copy of that register.
But someone sold that land to someone and they made pattadhar passbooks for that land before we know the land is existed and belongs to us.
After we found that we tried to make passbook for that land. But we can’t because they already done that on their name.
I can’t understand how did they got passbooks or buying or selling without the register which we had it with us.
What action should i take ?
Thanks in Advance. Please .. .reply…

Krishna
Krishna
7 years ago

Hello sir,

My dad got his share of land from ancestors in the year 1980, and since all these my dad is cultivating that land, paying taxes on that land and taking loans on that land for business purpose. My father’s younger brother’s land is also adjacent to my father’s. There is a mistake in the pattabook saying, my father’s land is on my uncle’s name and vice versa. Now my uncle is saying that the land my father owning is his. What are possible scenarios for this type situation? Are there any chance for us to win this if challenge this in court? Thank you in advance.

K Banerjee
K Banerjee
7 years ago

Sir, In the year 2010 I intended to purchase a flat along with a 120 sq.ft. garage space. The flat was duly registered in my favour where as the I do not have any document for the said covered garage space except Money Receipts. Though I did have the possession of the garage since 2010. The Promoter was working on the Power of Attorney basis – this is for your information. Owing to procrastination from Promoter side, the garage registration process has been delayed. In the year 2014, the promoter expired and I am in a fix and want your advice. Please guide …

ranjith
ranjith
7 years ago

sir land was registered on the name of my father, but two months back my father had expired because of health problem now we were thinking to register on my mother name . please tell me the process

Zafar
Zafar
7 years ago

Sir the patta is on my father’s name who died last year. But while entering the patta no. Some other name is showing on records. Is patta the ultimate proof?

Jhagadu
Jhagadu
7 years ago

Hi Manish,

I booked property in Varanasi on my relative’s name as I was not in city during the registration.
Now I want to get it done on my name. Need your valuable input on documents and time required for the same.

Regards,
Jhagadu

Jhagadu
Jhagadu
Reply to  Jagoinvestor
7 years ago

Sure. Thanks!

Harshit kulal
Harshit kulal
7 years ago

sir my mother has signed a property paper which was a complete property paper ,but the deal was to sign a paper of small part of property so whats the solution please reply sir !!help me out!!!!

Arulmanian
Arulmanian
7 years ago

Is Agriculture Land in Tamilnadu with Patta, Chitta and A-Extract. Land registered in name of grand father, grand mother and other three sons.

This with similar other lands when partitioned among sons was allotted to first son. Now had to be registered in name of grandson, the legal heir. Grand father and Grand mother are no more. Two other sons won’t appear. Lands allotted to other two sons did registered their allotted lands in their names years ago post demise of Grand father and Grand mother.

Now what are the documents needed and any consult required for registration of this land.

nepal
nepal
7 years ago

dear sir,
I have purchased a plot in the Nagpur,I have got sale deed registered in the year 2007.before purchasing I have taken search report. The land was in the field owners name since 1955 to 2007 and then it has been sold to developer in the year 2007. The developer executed us sale dded.There are 500 plots in the said layout.The layout has been granted NA permission by Tehsildar of Taluka. 10-15 scattered house exist at site.
But now we came to know that the govt. is going to construct Sport Complex in the area including this land.we filled objections to this but we have been told that the said land was acquired and possession was taken on 1960 through land owners grandfather. The 7/12 is also changed by the authority in june 2016 into their names.
we all r in the fear we has filled objection to this in all govt. offices but there is no reply.
pl. guide sir?
thanks.

Sameer
Sameer
7 years ago

We bought a land 10 years ago, and we constructed a house over it. Recently we wanted to sell the land and noticed name mistake on 7/12. Index and other registration documents have correct name. We submitted a request for name correction, but doesn’t look like any action being taken on it. We are being asked to visit the office but the Saab is not available and we get other date, this has happened multiple times. Any suggestion how to expedite the process.

jaysharma
jaysharma
7 years ago

sir my qus is if i want to buy a land thn is dere same day registration procedure or a long procedure in up, how to check whether seller has sold the same land to more than one party. pls enlighten me abt ds.

Ankit
Ankit
8 years ago

Sir,
My father bought a land approx 10 years ago. He registered land at that time but now the seller became greedy and filed the case against us claiming that our registry is fake and he didn’t sell us land. Unfortunately in registry there is no mention of KHASRA NUMBER, seller pointed out first and made his move against us.
What we can do sir in this case?

Akshita
Akshita
8 years ago

Mi am facing the similar problem mentioned above ,vivek’s story.But in my case the seller is alive. He is becomigg greedy and selfish. He is declining that he sold the property. Though i have the proofs of the bills(electricity,water,land tax) and witness of caretaker appointed since 10 years and is paid by me.
The plot is agricultural and the case is under fianancial commission. Can you pls advice the way of delaing with case?

nikhil
nikhil
8 years ago

Can we take ownership with help of sale deed without registering 10 guntha land in talathi office in 7/12
Is it necessary to give documents to talathi office for registration from byer.
IS talathi have power to cancle sale deed.

Harish
Harish
8 years ago

Hi Sir,

Same case is ours, My father bought land near to Guntur,AP in 1992, he did not get the plots registered on his name.

Right now we would like to get plots registered on my fathers name, what are our legal options available?

I talked to the housing society which sold plots to my father, they said that they are ready to refund the amount with 10% cut for admin fees.

Please let us know on how to proceed further in our case, any help is appreciated..

manasa
manasa
8 years ago

sir , my father gave money Rs.160000/- to my uncle and my uncle written agreement on the stamp paper that he is selling my land to my father and has to still receive Rs.20000/- from my father at the time of registration. This happened in december 2010. My uncle died in july 2011 without registering that land. But now my uncles children want that land . can we have the rights to own that land. please suggest me immediately.

Firoz
Firoz
8 years ago

Sir,

My father had purchased one piece of land and at that time he only took one stamp paper and on that he had taken sign of owner and two witness only and did not bothered to do registration. All this was done around 12 years back and last year my father died due to some disease, and the now the land owner is saying that take your money back which your father given or pay according to new rate if want to register that land.

Sir can we go to court with that piece of stamp paper as proof?

Please advice me what steps we can take

anand singh
anand singh
8 years ago

Sir I want buy a new plot/ land in rudarpur uttarakhand so please tell me best process buy the land . I want know total setp buy the land/ plot.