Property matter

Question

► My grandfather had bought a flat many years ago in Agra Development Authority, but he purchased it in black—that is, the flat was officially allotted in someone else's name, but my grandfather paid the money to that person. The registry of the flat has not been done till now, and the flat is currently lying vacant. Every month, the electricity bill generated for that flat is paid online by my father. We also have proof of water bill payments. However, apart from these, we do not have any other proof of ownership. My grandparents (both grandfather and grandmother) have passed away, and we have no contact or connection with the person in whose name the flat was originally allotted. Please tell us how we can get the flat registered in our name.

Answer 1

Please gather information and documents right from the allotment till today and get advice of good property lawyer including us if needed. You will have to file Civil Suit in the jurisdictional Court for declaration and if required, possession also as you say Flat is lying vacant. But if you are paying water bills and electricity bills continuously then saying Flat is vacant is abnormal and instead it should be said or it would be assumed that t's in your possession as unless some reason is there nobody will pay unnecessarily. File necessary suit in the concerned court a d obtain decree of rights, title and interests in the subject property and if your ‘someone else’ opposes it, you have good case to contest it on Adverse Possession basis as payment of taxes, water bills and electricity Bills denotes possession albeit to be proved in the legal proceedings. Perusal of documents and ancillary facts consideration is necessary for substantive and concrete advice. 🙏 Thanks.

Answer 2

Dear Sir, You have to file a civil suit on the basis of documents available and see that it is properly continued and decree is passed in your favour. The other side may come and produce the documents which are in their possession then you can take your defence accordingly by filing rejoinder.

Answer 3

There are two ways to deal with this. First way is to track the person on whose name the property was taken and with his consent get the property registered under your name. Second way depends on how long the payments of water and electricity is being made as the property is vacant during this period. So what you can do is file a civil suit claiming the right to the property as the same is being maintained by you for more than 12 years and no one has claimed their right over the property. Kindly contact an advocate to do the needful.

Answer 4

The act of your grandfather is illegal and is barred by benami transaction Act. Payment of electricity bill, water charges, property tax does not constitute title and dos not confer any title of ownership.

Property matter

4 Answers