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

POSTED BY manish ON August 31, 2012 COMMENTS (151)

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 grand father 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 irresponsible attitude towards documentation. The funny part is that no one in family knew about this except his grand father 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 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 1960’s and 70’s. So once, he bought a big plot near Varanasi . You might be aware 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 a land from one of the known person 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 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 on 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 vast properties were divided between his children (obviously daughters didn’t knew 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 its on their father’s name.

You know what happened next.

They knew this is 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 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 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 various 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 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 above mentioned example ? Do you know some one who has not completed his Land Registration of Property Registration ?

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151 replies on this article “How Delay in Land Registration Costed Rs 50 lacs to Vivek – Real Life Experience”

  1. Krishna says:

    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.

    1. I am afraid but the law works as per proofs and documents. How will you prove things !

  2. K Banerjee says:

    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 …

    1. Hi K Banerjee

      Thanks for asking your question. However, I dont think I am eligible to answer your query as its either out of scope of my knowledge or its not related to money matter directly

      Manish

  3. ranjith says:

    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

    1. Hi ranjith

      Thanks for asking your question. However, I dont think I am eligible to answer your query as its either out of scope of my knowledge or its not related to money matter directly

      Manish

  4. Zafar says:

    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?

  5. Jhagadu says:

    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

    1. Its a lawyers work. We cant comment on that. Hire one !

      1. Jhagadu says:

        Sure. Thanks!

  6. 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!!!!

    1. Its a issues for which you need to check with lawyer !

  7. Arulmanian says:

    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.

    1. Thats very specific query and not in the scope of this blog. Please contact a property expert for this locally !

  8. nepal says:

    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.

    1. THis is more of a lawyers question. Please check with a good lawyer !

  9. Sameer says:

    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.

    1. RTI is the answer here. File a RTI and take help using that !

  10. jaysharma says:

    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.

    1. You can check the 7/12 extract. The owner name would be there !

  11. Ankit says:

    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?

    1. Contact a lawyer !

  12. Akshita says:

    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?

    1. Only a good lawyer should comment on this issue , catch one fast !

  13. nikhil says:

    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.

    1. Not very sure of that

  14. Harish says:

    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..

    1. I dont think there is a way out for this. Though not ethical, its a profitable decision from the housing society to refund back the money and not register. Tough world!

  15. manasa says:

    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.

    1. Hi manasa

      Your cases is a bit complex and I think we are not the right people to comment on it.

      My suggestion would be hire someone who is professional in this area and consult them

      Manish

  16. Firoz says:

    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

    1. I dont think you have any case here. Stamp paper can be created by anyone . Thers is no strong legal backing on your side.

  17. anand singh says:

    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.

    1. Hi Anand

      Will have to do a seperate article on this. Will do it soon

  18. Balpreet says:

    Hi

    My Father expired 22years ago.He had a property but we cannot locate the property documents now.This came into our notice when we were about to see the property.

    Any idea how do we check whether the property documnts were made or not?

    1. No idea on this. Meet a lawyer !

  19. Anil says:

    Sir i Want to know whether 2,3,4 Gunte Registry is Legaly done in Registar office
    if not how muc gunte we have to take for registry so we can have name over 7/12 utara

  20. Guru says:

    My mother’s sister gifts that land to me..what type of registration is required ? whether it will come under sale or gift

    1. It will be gift ! and normal registration is to be done !

  21. Prince says:

    Around 2002 I (say X) bought a piece of land. It was registered to me by the owner but there was no name transfer at that point.

    After say some four years(2006), some of the adjacent land (say the land on the left side of my plot) along with my piece of land (my land + land on my left) as a whole was sold to a second person(say Y).

    The other adjacent land (say the land on the right side of my plot) belongs to a third person (say Z) and let us say he bought this land around the same time I bought mine, that is 2002 but his land is not part of what was sold to person Y.

    Now around 2008 the person Z built a house on his land and also covered some adjoining area of my land. In next couple of years they extended their house and covered all of our land.

    How should I deal with this now ?

    Thanks a lot in advance.

    P.S – I would appreciate every little piece of genuine advice and support. The excuse for not taking an action earlier would be bad finance and it’s actually my dad who bought the land.

    1. Hi Prince

      I think its a complicated matter and without a good property lawyer you should not go ahead. This website is for generic knowledge and we cant comment on this issue

  22. Pulak Pandey says:

    Sir I am giving detail of previous problem. Pls comment on it.

    T. Mondal was the actual owner of a big land and this land is divided by many plot number like 298, 299, 300 etc. and he had Mutation also. T. Mondal have 6 son and 1 daughter. among them two bothers are S. Mondal, N.G. Mondal and sister name is P. Mondal.
    After dead of T. Mondal his 6 son and daughter make a Registered Partition Deed of the afore said big land in 1987. According to this partition deed S. Mondal get 17 decimal and P. Mondal get 6 decimal land in Plot No. 298. N. G. Mondal get 16 decimal land in Plot No. 299 and other sons get accordingly in various plot. No body mutated their share after partition. Means mutation only was on their father’s name T. Mondal. After some time all brother and sister sale their share as their necessity and the buyers mutated on their own name accordingly. According to above said Partition Deed N. G. Mondal has no interest on the Plot No. 298.
    In 1992 P. Mondal sale his share 6 decimal land to S. Das having witness her own brother S Mondal without Mutation. In 1994 S. Das again sale this 6 decimal land without mutation to S. Pandey (Colleague, Electric Department). S. Pandey completed his Conversion and Mutation in 1998 and with HBL he constructed his house. He residing in his own house since 2001 with his family.
    In 2009 S. Mondal said his 0.5 decimal land is missing and found S. Pandey occupied this extra land. So S. Pandey again purchased this 0.5 decimal land from S. Mondal through a Registered Deed in 2009 and Recorded by his own name in 2014. Means S. Pandey is owner of 6.5 decimal land of Plot No. 298. Suddenly in 2013, September, N. G. Mondal showing a Registered Gift Deed in his favour and telling this, in 01-12-1991 (5 months before of S. Das) his sister P. Mondal gifted this land to him and he Mutated this 6 decimal land in 2006. S. Pandey found its Registered Certifying Copy(without declaration about ambit or periphery) and also its Record Information which shows Both have Mutation (S. Pandey & N. G. Mondal) and Certified Registered deed (S. Das, N. G. Mondal & S. Pandey). He asked for money Rs. 18 Lakh. Obviously S. Pandey denied.
    N. G. Mondal filed a suit 243/13 in the court in 2013. Unfortunately NOTICE not reached to the S. Pandey. After that he again filed same case suit 246/14 without withdrawn the previous and seeking Permanent Injunction and possession of the property. He admitted in written statement in the court that this land was purchased by him. He ignoring the term ” Gift”. He came to asking money or vacate this land and house after death of his sister P. Mondal. He saying that S. Pandey was his friend and he is a Licensee. S. Pandey is a fraud. Land and House both are mine. Lower court initially rejected his prayer but since both have deed and record it is matter of trial. After that N. G. Mondal re appeal in the upper court for injunction case Misc. 10/2014. For some silly mistake of S. Pandey’s lawyer Upper Court gives Status-quo till disposal of this case and set aside the previous judgement. Cause was original document not provided by the defendant. S. Pandey told his lawyer that – its OK, now you can show these originals! Lawyer replied that whenever a judgement is made, the same judge can not change his own decision. You have only one way to go High Court. Allas! God knows about the truth.
    Now S. Pandey submit another application about Act 34. Causes,
    1. 243/13 Suppressed
    2. In 246/14 he did not made defendant any other residence of this plot 298 and also the West Bengal Govt.
    Please advice about this problem.
    1. May S. Pandey win in this situation.?
    2. Which will be the valuable points about the aforesaid matter?
    3. Is this type of gift legal according to Indian Hindu Law?
    4. How can be prove the registered deed or mutation is back dated or false?
    5. N. G. Mondal seeking this land after death of his sister. How this point may valuable?
    6. Any other valuable points please share.

    1. Hi Pulak Pandey

      Your cases is a bit complex and I think we are not the right people to comment on it.

      My suggestion would be hire someone who is professional in this area and consult them

      Manish

  23. Pulak Pandey says:

    May sister can donate or gift land to his brother from a partition deed ?

    Dear Sir,
    A registered partition deed was made in 1987 among 6 brother and 1 sister after their father’s death.

    In the year 1991 sister gifted his part to her brother N.G. Mondal who also belongs among 6 brothers.
    Now matter is that, N.G. Mondal has no interest before in this gifted plot number 298. His interest was on plot number 299 according their registered deed made in 1987. In 1992 again this sister sale it to Samir Das and Samir Das sale it us in 1994. We recorded it in 1998. Before us only N.G. Mondal’s father Lt. Tarapodo Mondal recorded this land on his own name.
    N.G. Mondal controlled it with complex mind and he also recorded this plot 298 in the year 2006. From 2013 after death of his sister he asking for money 18 lakh for this .06 decimal land. Obviously we denied it and he putted T.S. against us in the court.

    My question is that,
    1. According to Hindu or Indian law can a sister gift a land to his brother or vice-verse ?
    Please help me sir about my above question. I only want known the law about this type of gift. I know very well N.G. Mondal trying to cheating to us.

    Thanks & regards.
    Yours faithfully
    Pulak Pandey.

    1. Hi Pulak Pandey

      Your cases is a bit complex and I think we are not the right people to comment on it.

      My suggestion would be hire someone who is professional in this area and consult them

      Manish

  24. neville says:

    My father sold agri land inmid 80s to person but some how his name could not be turned to7/12 and hence sale deed was void but by oversight my father had not done procedure to cancel sale deed now after 26 years my father sold same land to other person and now earlier person has filled suit.please guide in this senario.pls note we have refunded money whrn his sale deed was void

    1. Its a complicated case, Just sayings does not matter. You need to bring the proof !

  25. Amit says:

    Hello
    I purchased a 2 BHK flat in Greater Noida (UP). Now builder send me email for Flat Registry. As i am not in India and coming here in India for only registration is too much expensive for me. Can it is possible that this Flat registry done on my father name. ? if yes please tell me what are formalities for the same and one more thing i also have home loan on this property. please give your valuable reply.

    1. I dont think so its possible like that. Because the flat registry means who ever bought the flat now register their name .. So I think you can do the Power of attorney ?

  26. rajesh says:

    My mother purchase a land and registration done, but land ownership not transferred in land records because owner name mistake in sale deed, hence revenue depart not transfer the name. Ownership name difference in Municipal corporation and Revenue dept. my registry done in the name of Municipal Corporation i.e. Bhagwan and Bhagwati (Owner of land), please suggested how can transferred the land record in my name or any citation or clarification given

    1. Hi rajesh

      I suggest that you now take the RTI route. You can file the RTI and ask your queries to them. THey are bound to reply you on your queries.

      Its a bit long cut, but works well

      Manish

  27. home_enquiry says:

    Nothing is changed ,Exactly same story in 2014!!! Four of my friends are Duped the same way , given trust(everyone knew everyone else!!!) we first saw property after doing registration though we were given documents (now we know all forged ones) and we were promised registration will happen in a month (in Sep-2013) ,seller was farming on the land at time (but he was a friend!)checked in July2014 again he was farming on the land!!!!got suspicious and tried to tell other friends we are duped , it took few months to find a lawyer & first legal review by lawyer we knew we lost the investment.Seller then stopped taking call & ran away!!! below are the details for others to not fall in their trap again.
    Srushti developers duped me and 4 friends of 30lakh each in name of selling land,Suresh Venkataramanappa and S Harish Kumar. Conman Harish lured all into this plot and Suresh ran away with money after selling agricultural land as residential leaving us to grapple with legality,yet another land scam in Bangalore beware of this builder. New layout coming up in name of Nadavathi for those still interested

    1. Hey home_enquiry

      Thanks for sharing your experience with all of us. It was a great learning.

      Manish

      1. sowmya says:

        I purchased land in padapai by paying 1100000 , and it is approved land.But problem is that the person cheated us by not giving patta. so i applied in registration office for patta. They are saying the patta for the land is some one name .it does not changed since from 20 years back.iam not able to sell my land without patta. The person name is Rajan who cheated me.Kindly help me how to solve this problem

  28. yogesh says:

    sir i have purchase land 2 year ago, i have done all the required documentation while purchasing but forget to register land on my name. That person is now denying to sign on register paper. so i dont know what should i do.

    1. Take help from lawyer

  29. SUKHDEV RAJ SACHDEVA says:

    I have purchased a peace of land somewhere in Rajasthan. Registration of Land is done. The Land Registration Papers are collected by the land lord and kept with him. I requested him to hand over the Registry to me, on some pretext he is not doing so. Can I lodge a complaint with the Registrar and ask for a True copy of Registry ignoring the Original one taken away by the Land Lord.

    With thanks & regards

    1. Yes, you should do it now

  30. Menaka says:

    Hi,
    If anybody has an idea on the below case.Pls share. It will be helpfull.

    My dad bought a land in Bagalore in 1989. It was registered on 2 members. My mom and my aunt’s daughter. Oly the GP(General Power of attorney) has been registered. My aunt kept along with her that registered GP paper. Now the problem is they did some fogeries and registered the land in their names approxi. 10 years back. they done 3 registrations. 1st on Aunts daughter, Aunts Son-in-law then on
    grand son. While asking for our property they are telling that ” We got a new written GP from owners son and registered”.

    While my dad bought this land, he get written GP from father(owner). only father signed. thAT GP registered. Now that owner(father) is no more. My Aunt got new GP from the owners son.

    We don even have a xerox copy of that registered GP.

    Is there any way to rescue our land?????? If we file a case, shall we get proper judgement.

    Thank you guys for spending time to read this……….

    1. Hi Menaka

      The question asked by you is beyond our scope. Its suggested that you hire an expert on the issue and pay them for the advice.

      Manish

  31. unn says:

    as mentioned in the previous mail.with the consent of both party buyer and seller.

  32. unn says:

    Hi Dear manish ji

    Is there any way to make the amendment/updation in the land registry.regarding the measurment of land .

    pls reply.

    1. Hi unn

      The question asked by you is beyond our scope. Its suggested that you hire an expert on the issue and pay them for the advice.

      Manish

  33. Basheer says:

    Hi Manish,

    I am planning to buy a land for investment purpose, which is genuine. I want to make sure that, land is not registered multiple times

    How to avoid multiple land registrations ??
    Anything can we do to stop multiple land registrations ??

    1. Get it checked by a property lawyer. Many people take 5-10k fees and do it.

  34. Tousif says:

    hi Manish,

    I am Planning to Buy an NA Plot (not Layout) the Broker is saying that he will do the Sub-Registrar and sale deed on my Name but but but the 7/12 Utara will not have my name (since its was an Agricultural land which recently got converted to NA and is still on that Farmers name) and the farmer is just distributing peices of land to buyers with sale deeeds consisting of new buyers name for that particlar piece of land.
    he is telling that after some years when the Corporation Authority people comes for Survey then that time only my name will be included in the 7/12 Utara after the Survey ..
    he is telling me that Government recently has stopped the purchase (providing name of new owner on 7/12 utara) is it True ????
    Please suggest whether i can go ahead with the same or no bcoz i have fear of multiple sale deed by the 7/12 owner …

    1. I suggest not to go ahead . These kind of schemes are mostly for those lands, which might never get converted to NA status and you will be stuck forever !

  35. Santosh Pai says:

    Nice Article Manish, I had doubt on the biaapa approvd properties.

    What if they never release the 100% of the land , will there be a problem for civic amenities like power, water etc?

    Thanks
    Santosh

    1. I dont have much idea on this BIAAPA thing !

  36. Debashish says:

    Hi all,

    My father purchased agriculture land in 1987 in maharashtra and also registered it in the name of himself,my mother and my uncle’s name(as uncle was a bachelor whole life and lived with us).The index II and the Uttara was also in the name of my parents and my uncle but not the 7/12 and still it is presently in the name of the owner.Its more than 26 yrs now the 7/12 remains in the name of the owner and i want to get it transferred in the name of my mother as my father and my uncle had already expired.Can anyone please guide me what exactly to be done in this case to get the 7/12 transferred.Some one told me to attach farmer certificate along with the relevant documents to the tahshildar office or is there any other way.thanks

    1. THis is really a big issue . The real owner name is there on 7/12 .. Try your luck by meeting a good lawyer now .

  37. Satish says:

    Hi,
    My grand father bought a land around 50 years back in my village and had the only PATTA and no registration has been done till date.We have a house in the same land and we are staying there from the day 1 also have been paying the House tax as well. Recently the person who sold the land has filed a case stating the property belongs to him.
    To my knowledge since we are paying House tax and have PATTA there should not be any issues.
    Your opinion on this highly appreciated

    1. Kavta says:

      Hi,

      I heard that now a days, everything is centralized, i mean registration of one property on name of two owners is not so easy. Can you please help me how reliable is this information? and is there any possibility of any kind of fraud even though lawyer (legal adviser) gave Green signal for the property i.e. all papers (Legal documents) are in place.
      thanks.

      1. I dont think its entirely true .. The frauds can still happen and it also depends on which state you are talking about .

    2. Yes, to some level you can claim the house and land , but registration is also very important point . BEtter meet a good property lawyer !

  38. GVS says:

    One pf my brother purchased 2 sites in the year 2007 and he has got all documents registration copies ,Khata and property tax etc, but same sites sold in 2001 to other party and they also have all documents like registration copies,khata etc.
    Can you suggest us for next step to proceed for getting back the sites to our custody becuase they are saying we have purchased in 2001.

    1. Involve a good lawyer on this ..

    2. This is purely a complicated legal issue ! , better consult with a laywer on this

  39. Somnath says:

    Dear Manish,

    Thanks for very good article.

    I am also facing the problems in getting 7/12 extract from my land developer or panchayat due to gov. rule . I bought 1.5 gunta land, registered in Haveli office. but due to Gov. rule no one can get 7/12 extract, for purchase below 10 gunta land.

    Your kind reply in this regard is highly appreciated.

    1. I do not have much info on this , can you please open a thread on our forum for this http://www.jagoinvestor.com/forum

  40. Abhijit Shrotri says:

    I would say that this guy was still lucky to get 50%. There are many such cases in Pune. People bought a piece of land but did not register the sale deed and did not get the 7/12 extract changed to their name. So now the heirs of the original owners have grabbed the land totally.

    1. Thanks for sharing that incident with us Abhijit . Documentation is the most important part in real estate .

  41. Vince says:

    Hi! Mr. Manish Chauhan,
    Your blog is very informative. My tale is a sad one, I dare say! My wife purchased on my behalf 2 Apartments located in a holiday resort in Calangute, Goa. One in my name joint with her and the other in her name joint with me. After her sad demise in 2002, I got the Apts. one each transferred in my name joint with my Son and daughter. For this purpose. I got a Sale Deed made through my Advocate and the Estate Proprietor’s Advocate and the Sale Deed is registered at the Mapusa city Registrar. However, the Panchayat refused to endorsed the Mutation Deed saying that the Propriertor should sign the Mutation Deed. My advocate cajoled me saying that the property/Apts. Mutation is not a criteria.
    My query is; does the piece of land which is located in holiday resort estate legally belong to me?
    Is there some hideous truth to the Panchayat passing the buck on to the Proprietor?
    If my children want to sell the said Apts., after my demise will the Proprietor sue my children in the Court of Law, for not mutating the said property?
    Highly appreciate your kind advice.
    Thanks & regards. = Vince

    1. Hi Vince

      Truely speaking I am not the most knowledgable person on this topic. Your advocate is the best person to give you advice. I suggest consulting with 2-3 more lawyers on this topic or what you can do is put your query on our forum – http://www.jagoinvestor.com/forum

  42. nagender says:

    yes i have , what to do now whether to file suit in court or to give police complaint

  43. nagender says:

    Hi,
    i have paid 12 lakhs for a house (actual 15 lakhs cost) and staying in the same house.
    Now the seller is not registering the property .What to do now whether to file suit in court or to give police complaint

    1. I hope you have proofs of payment with you like reciepts or bank transfer proofs in your account statement ?

  44. Srinivas Narayan says:

    Hello Mr. Manish Chauhan,

    I NEED YOUR IMMEDIATE ADVISE .: Please help me with your advise:

    I am living in a land for more than 20+ years but this land is not mine , it is Mr X’s. Mr. X was nice person and agreed to register the land in my name for 60 lacs. I paid 40 lacs (no documentation done) and was about to pay remaining 20 lacs in some time. Mr. X said he will register soon.

    Now Mr. X is not available and his son Mr. Y is saying he needs 1 crore total for this land and he is avoiding registering in in my name.

    what to do ? I dont have 1 crore. He is not registering in my name. i have no documentation.

    Please advise how to take this land that i have spend so much money in.

    1. there is no solution to this . Either take back your 40 lacs (if possible) or oblige to 1 crore .As you have no documentation , There is no proof that you have paid the money for something agreed . Did you make payment through cheque or Cash ?

  45. naveen ponnam says:

    Hi Mr. Manish,

    I have a doubt in my personal life, that is me and my younger sister is for my parents. Because of some problems my father made registration of our house in my sister’s name. At that time I was not in India. Now my question is Can I have rights on the property as a legal hire or not?

    with best regards,
    Naveen

    1. Obviously NO . Its your father choice to register it on Sister name and on papers she is the owner of the home . You can claim rights only on those properties where its on your father name , that too only after his death

  46. Tony says:

    Hi Manish,

    I am a regular reader of your blog. Again good informative article !!

    I planning to buy one plot in BIAAPA zone in bangalore north. Layout is approved by BIAAPA but they have released 60% of sites for registration as off now & 40% they have retained with them.

    Is it ok to purchase site available in the 40% of the site which are yet to released by BIAAPA & will take time for registration ?

    Regards,
    Tony

    1. Not sure how much time it will take. Once you make the payment, and its yours, then I dont see any valid reason to holding off the registration process.

  47. Imran says:

    Hi
    I have purchased a plot from reputed builder in bangalore with no loan.
    As we are not in India currently I want to delay the regestration to approx 6 months. Developer says he doent have any problem for late regestration as i have made full payment for the plot.
    Pls help me know what could be the complecations? If yes , what are the alternate soln’s for my case? No Blood relations in India to support as POA.

    1. Imran

      Its just that sooner is better. You should always make sure you do not leave these kind of things open for long especially land related issues. What proof do you have at the moment that land is on your name. Let me just ask you what will you do if the builder sells the same land to some one else again . Are you aware that reselling the same thing happens many times ?

  48. Mahesh says:

    Hi Manish,
    its a great job,keep it up.

  49. Chandram.N says:

    Hi Sir,
    Kindly suggest me what to do next,
    My father exchanged a land with his own brother, but when his brother was selling the land which was exchanged by my father my father signed and gave.
    But we dont have any documentation for the land we have now, now our uncle got expired his son is there..he is asking money to do registration for us..Kindly suggest me what n all possibilities we can do?

    1. If there is no documentation , then it never happened . Simple ! .. Saboot chahiye , Saboot !

      1. Chandram says:

        If his son agree for registration at that point of time what n all the procedure pls can u guide me.

          1. Raj says:

            Hi Manish , very Informative article

            Iam also one of the victims like Vivek , but not paid any penalty as of now , have few questions

            1. In 1950 approx my grandfather purchased land of 120 Sq yrds which was registered and 45 sq yrds land which is right is in front of the house is not registered not sure why was it not registered
            2.Now we demolished the house in that place and planning to construct a new house , challenge is from successors of old owners family who sold the land to my grand father, for 45 yrds land which was not registered
            3. After staying for almost 60+ years , they have filed a court case , do we can claim the ownership and get it 45 yrds registered on our name or old owners will have right on this , we have all the proofs of tax , water, electricity for almost 50 years
            4. catch is Old owners have property exactly behind ours

            please advise

            Regards
            Raj

            1. Raj

              This is a complicated one and beyond a discussion here , you need to catch a lawyer locally , as you have the taxes paid for 50 yrs, the case is in your favour mostly, dont get intimidated , just catch a good lawyer !

  50. navin kumar says:

    Hi,

    I am going to buy underconstruction property in resale with following details
    1. Date of original booking : July2009
    2. Original booking amount 40 L
    3. Purchase by me in Nov2012
    4. Purchase amount in white 60L

    assuming that possession would be in May2013 and i go for registration in Sep2013 and at sep13, circle rate=50L

    then I have to make conveynance deed and what would be amount mentioned in conveyence deed It;s 40L or 50L or 60L.or in other wordsm, stamp duty would be calculated at 40L or 50L or 60L

    1. Generally its done on the guidance value prevailing at that time .

      1. navin says:

        guidance value??

        1. Guidance Value is the minumum value fixed by Govt. for the property in respective area. The registration cannot be done on a value less than Guidance Value.

  51. sachin says:

    dear manish
    i have purchased a under construction flat & paid 20% of the total amount to be paid. i am having the receipts of the same. the registration is till pending. the construction company is asking to start the bank case after the flat is ready for possession. will there be any problem in future, what should i do now , should i wait
    please reply

    1. I think thats the standard procedure, please start a thread on our forum and discuss this – https://www.jagoinvestor.com/forum/

  52. Rakesh says:

    Hi Manish,

    Thanks for such a important post.

    We are facing the problem for this mistake done by my forefathers a century back. My forefathers bought agricultural land long back but never got registered it. After independence government started taking over the lands from the people who had more land( ceiling or something like that). The person from whom we bought the land handed over this land to government. Now we do not have any prove to say that this land belonged to us. We are fighting this case in court for last 40-45 years and pouring in money to save our lifeline.

    1. Hmm.. yea one mistake and the whole generation pays for it , you dont do it 🙂

  53. sudhank says:

    Hi Manish,

    Nice Article again !! i am currently paying emi of 200 sq yard plot scheme. Actually i am paying on behalf of my friend from last 1 year and getting the receipts of payments. Developer will transfer the plot after taking the fees of around Rs 40,000 but i was thinking that i will do it later. Now after reading this article, i will focus on the documentation part also.

    1. Thanks for sharing your case

  54. Giriraj.M says:

    Hi Manesh,
    I am regular reader of your website and i never commented in any website.My friend as a seller of the property , affected by non registration He sold residential site to real estate broker long back received full amount and executed power now the guideline for the property increased to many folds.The agent recently sold the property and now my friend received notice from income tax department to pay capital gains tax.So seller should also have to be careful

    1. Can you share the case in detail ?

      1. Giriraj.M says:

        My friend purchased a residential plot in the year 1987 and sold it in the year 2002. Instead of registering the sale he executed a power to buyer who was a real estate agent. The agent sold the plot recently to a third party. Any transaction above 25 lakhs will be intimated to the IT dept by the registration dept. Now the IT dept has sent a notice my friend asking him to furnish details and pay tax as he is the owner technically. Had he registered the sale in 2002 he could have avoided this.

        1. Yes, but its your friend mistake that he didnt administor this sale procedure !

  55. Durga Prasad says:

    Very useful post Manish!!
    I always insist on having proper documentation in property matters whenever the transaction(s) happen even among the relatives or friends also so as to avoid this kind of problems and naturally it irks few people 🙂
    This post has double my confidence to stay with the same approach.

    Can somebody elaborate process regarding how to get done the khata, patta, khasra, namantaran etc along with registration?

    Regards,
    Durga

    1. Yes, your approach is very right and makes sense logically 🙂

  56. Hello Manish!

    Its too sad to hear what happened with your friend Vivek. I have some points to raise here. If Vivek family is already occupying the house for the past 40 years, then I think they have already got Electricity bill, water bill on their name. They may be also paying some property tax every year according to the state law if any. Then how can one day suddenly someone come and says that this property is ours? What are they doing in these huge time span?

    Of course I too agree that registration is not done by vivek family and registration is must to claim ownership. But how can a person be harassed simply due to this only reason. I think even if the matter is gone to court, chances of winning Vivek family are high. I don’t think the judgement may be merely based upon only the registration documents. This is just my opinion. Correct me if I am wrong.

    1. Naresh

      It was a real life example, family just gave up the case and handed over 50% because of 2 reasons

      1. Fear, when you have no strong documentation, then you are scared to death, even though your chances are more of getting the property , you still dont want to get into that small probability of loosing it especially when you are averase to all that pain which comes along and you want to just live a peaceful life

      2. Ignorance of law and just giving up .

      I understand what you are suggesting, but most of the common people are not having such kind of information or knowledge

      Manish

  57. khalid says:

    Hi Manish,

    Nice post. I don’t have any personal story about this but heard so many similar stories in my friend circle. So its always good to get done the registration of property immediately after striking the deal . Thanks for sharing.

    khalid

    1. Yea .. thats the first thing to do after purchasing property

  58. Krish says:

    I heard that registration department has the way to register the properties if you prove to them that you are residing in that place for long time . The ration card, property tax, electricity bills and Water bills should be on your name and if registrar is convinced, it could be registered without a seller. One of our neighbour seems to have taken this route last year.

    1. That was something new to me .. NEver heard of it like this

  59. Rahul says:

    Hi Manish,
    Thanks for a nice post. We have a similar story. My father bought a land in a village in 1990 in Rs. 50000. He didn’t registered the Land at that time. However, He got a stamp paper ( Also known as Kachha Paper) mentioning everything about the land along with two witnesses’s signature. The Buyer and seller along with two witnesses had signature on the paper. Unfortunately, both my Father and seller are now not alive. However, witnesses are still alive. So, is the paper, which we had, enough evidence to get registered the land or should we contact to seller’s family to get it registered? And what if they deny? Can we move in the court on the basis of the documents which we have?

    1. Rahul

      This is not a easy case , I mean we cant give solutions on blog like this for property cases. It can drag for years in court and deep knowledge of subject is required . Better you invest in this and catch a good property lawyer , given that LAND is such a precious thing to own 🙂 . Who has the claim over the property right now, i mean who has the possission of the land at the moment ? If its not under you, then it can get difficult to get it

      1. Rahul says:

        Thanks for reply Manish. The possession of the land is under us now. We have made the boundry around the land. Only we need to get it registered.

  60. Mahesh says:

    Owning a site is very risky these days. Even with complete registration process and documents, its still not safe at all. My dad was working for the registration department and he has seen numerous cases. The registration process in India is very weak. They have very less information and the documents can be very easily mocked. There are numerous instances where a land is registered in two people’s name. Unless Govt. fixes the process, its always risky.

    1. Mahesh

      Thanks for sharing that . Can you ask your father to share some incidents and some tips on this ?

      1. vikas says:

        Hi manish,
        We have got into same issue where the same land is found to be registered by two people. My dad bought a land in 2004 from Mr X whihc was already registered in the name of Mr Y. The land is on dispute & nothing finalized on it.Now Mr Y has sold the same land to someone else with the help of some powerful man of that area & he is construting the house. Since the other party has support of some powerful people ,i wanted to understand if we can legally take action against them so that they atleast return my dad’s hard earned money.Please note that Mr X is not in a condition to return our amount as he been ailing & had druken all his money.Please help

        1. All you can do now is file a police complaint and go to court !

  61. pKumar says:

    We are in a similar (but better I think) situation. My grandmother had a small property in her village given to her when her husband died at an young age (though the house had collapsed by now). The problem is she never got the documents. We got to know that the documents were some how passed down and are with one of our uncle currently (who owns the neighbouring property) but pretends that he doesnt have any documents. The problem is that we will not be able to sell the property/give it for charity as there are no documents.

    Question: Should we be able to get a copy of our ownership documents say from the village/Taluk Registrar office especially given that the property share given to my grandmother would date back to many years (40-50 years ago)?

    1. Thanks for sharing your case , i think you should get some good pointers at our forum , kindly open a thread for discussion there – https://www.jagoinvestor.com/forum/

  62. zorbish says:

    You just opened a pandora’s box with this post! 🙂

    I can confirm that even registration is not a proof of title of property.

    There’s a saying…almost all of Bangalore is disputed property. (and it can be true for any other city as well).

    1. Zorbish

      May be you can enlighten us more on how registration is not the final proof of title of property

      1. Vikalp says:

        Manish,

        Registration is just document the sale transaction. Its just a proof of property is sold from one person to other at certain price on certain date. As properties can be sold multiple times, you can have multiple sale registrations on same property. Due to no computerization and improper maintained records in many registrar offices in India, its likely that some one may get another sale of registration on same property. In all states, once sale transaction gets complete, record gets transfer to land revenue department under district collector. Based on property is agriculture, rural, commercial, residential you will get khata, patta, khasra, namantaran etc in your name and then official you will be owner. After that you will also be liable to pay the taxes as per rules and property nature like diversion tax, wealth tax, local muncipal or panchayat tax. All these extra documents will be more handy and make your ownership full proof in case of any dispute later. So bottom line is your name shd be assigned to property in collector office’s land revenue record book.

        1. Vikalp

          Thanks for that information , I am sure there are so many people on this blog and their collective knowledge will just increase the knowledge by 100 times on this blog . 🙂

          Manish

  63. C M Vyas says:

    Good article.

    I wish to add one aspect to this.

    There is a process beyond registration. Ordinarily this SHOULD happen automatically, but we know how things are in Real Estate matters. I am talking about taking the KHATA, PATTA, 7/12, take your pick according to the state you are in. Get this on your name. This is the final title of ownership and is superior to just the registration process since this document exactly pin points the location, extent of land, boundaries etc.

    1. Thanks for that information . Will do a detailed post on this

  64. Jayaprakash Kanreddy says:

    I’ve seen many such cases in my village. Real estate boom actually changed ethics and village bonding. Those who didn’t go through the registration process at the time of buying the property had to pay hefty settlement as per the current market rate.

    1. Thanks for your comment .Do you know any real life incident on this ? can you share

  65. Praveen says:

    This is not new and had been happening in all parts of India from past 5-8 years from time when lands rates increased abnormally.

    1. Can you share some experience you knew Praveen ?

      1. Anand Shinde says:

        Hi Manish,
        I had bought a Commercial office in 2005, since I was abroad at that time, I gave my wife the Power of Attorney to buy the Office in my name.
        However the property is registered with all the required formalities

        Do I still need to take any action, if yes what ?

        1. Anand

          Why dont you revoke the power of attorney now ?

  66. Yogesh Tiwari says:

    Good post Manish !!

    Now, this raised a question in my mind. I ‘d appreciate, if someone could answer this.
    We (in our family) bought a DDA (Delhi Development Authority) flat about 10yrs back. We have “power of attorney” of the property in our name(he had some dues to DDA, we bought it and paid off the dues), however, we havent registered the property, yet. Can original owner(or his family) still question ownership of the house?

    -Yogi

    1. Yogesh

      You should do somethinG about it fast. supreme court has recently gave judgement that Power of Attorney are not going to be taken for sales, it will be termed as invalid, it was to curb the old way of buying and selling . See this

      http://indiatoday.intoday.in/story/property-sale-through-gpa-not-valid/1/154711.html

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