If you are stuck in such a situation, here is what to do.

A common yet distressing situation many families face involves property purchased by a previous generation where the legal paperwork was never completed. Consider the case of Mr. Rohan. His father, Mr. Gupta, bought a small commercial shop in the city of Alipur over two decades ago from a Mr. Sharma. An agreement was made, and payment was exchanged, but for various reasons, a formal, registered sale deed was never executed. Mr. Gupta passed away a few years later, leaving the family in physical possession of the shop but without the crucial title documents to prove legal ownership. They have been running their family business from the shop ever since and have paid all the utility bills and property taxes. Now, when they wish to formalize their ownership, they find that the original seller, Mr. Sharma, is untraceable, and his whereabouts are unknown. This leaves Rohan in a precarious position, possessing the property but lacking the legal title.

Advice in such cases

If you find yourself in a similar situation, where you have possession but no title deeds, there are specific legal avenues you can explore to establish your ownership rights.

• Gather All Evidence of Possession: The first step is to collect every single piece of paper that proves your long, continuous, and uninterrupted possession of the property. This includes old electricity bills, water bills, property tax receipts, any correspondence related to the property, and photographs of the property over the years.
• Search for the Original Owner: Make a diligent effort to trace the original owner or their legal heirs. This can be done by checking records at the local Sub-Registrar’s office or by publishing a public notice in local newspapers. This shows the court that you have acted in good faith.
• File a Suit for Declaration of Title: The most appropriate legal remedy is to file a civil suit in the court having jurisdiction over the property. This is called a “Suit for Declaration of Title.” In this suit, you ask the court to legally declare you as the owner of the property based on your long-standing possession and the circumstances of the original purchase.
• Consider a Claim of Adverse Possession: If you have been in open, continuous, and hostile possession of the property for over 12 years without any interruption from the true owner, you may be able to claim ownership through adverse possession. However, this is a complex legal doctrine and requires specific conditions to be met.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Property disputes are governed by civil laws. The primary statutes that come into play in such cases are:

• The Specific Relief Act, 1963: Section 34 of this Act allows a person to file a suit for a declaration of their legal character or right to any property against any person denying it.
• The Limitation Act, 1963: Article 65 of this Act sets the limitation period of 12 years for a suit for possession of immovable property based on title. This is the foundation for a claim of adverse possession against a private individual.
• The Transfer of Property Act, 1882: This Act governs the transfer of property in India. Section 54 states that the transfer of tangible immovable property of a value of one hundred rupees and upwards can be made only by a registered instrument. While you may not have a registered instrument, the court can still grant title based on other principles of law and equity.
• The Indian Evidence Act, 1872: This Act will govern what documents and oral testimony are admissible as evidence in court to prove your claim of possession and the original agreement.

If you are the complainant

If you are the person seeking to get the property title in your name, you are the plaintiff or complainant in the civil suit. Your course of action should be:

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Draft a Plaint: Your lawyer will draft a “plaint,” which is the legal document that initiates the lawsuit. It will detail the entire history of the property, the circumstances of the purchase, your family’s continuous possession, and the evidence you have.
• File the Suit: The plaint is filed in the appropriate civil court, and court fees are paid, which are typically based on the valuation of the property.
• Present Strong Evidence: Your success will depend entirely on the strength of the evidence you present to the court to substantiate your claims of possession and the original transaction.

If you are the victim

This section applies if you are the original title holder and someone else is trying to claim your property based on their possession. In this scenario, you are the defendant.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Respond to the Lawsuit: Never ignore a court summons. You must hire a lawyer and file a “Written Statement” in response to the plaintiff’s claims, denying their allegations and asserting your own title.
• Challenge Their Claim: Your goal is to prove that the plaintiff’s possession was not “adverse.” For example, you can argue that you had permitted them to use the property (making them a licensee), which negates the “hostile” element required for adverse possession.
• File a Counter-Claim: You can also file a counter-claim within the same suit, asking the court to evict the person and restore possession to you, the rightful owner.

How the police behave in such cases

It is crucial to understand that property title disputes are purely civil matters. The police have no authority to decide who the legal owner of a property is. Their role is extremely limited.

• Maintaining Peace: The police will only intervene to prevent a “breach of the peace.” If there is a risk of a physical fight over the possession of the property, they may take action to maintain law and order.
• No Eviction Power: The police cannot evict a person who is in settled possession of a property, even if they don’t have title documents. Eviction can only happen through a proper court order.
• Direction to Courts: In most cases, the police will record the complaints of both parties and advise them to approach the civil court to resolve the underlying ownership dispute.

FAQs people normally have

Can I become the owner just by possessing a property for a long time?
Possession is a very strong form of evidence, but it is not ownership itself. To become the legal owner, you need a declaration from a competent civil court. Long, continuous, and adverse possession for the statutory period (12 years for private property) can be a basis for the court to grant you title, but it is not an automatic right.

What if the original purchase agreement was only verbal?
A verbal agreement for the sale of immovable property is difficult to enforce, as the law requires a written, registered document. However, if the verbal agreement is supported by other strong evidence—such as proof of payment, transfer of possession, and subsequent actions by the buyer (like paying property taxes)—a court may take these factors into consideration to grant relief.

Is it necessary to go to court?
If the original owner or their legal heirs are found and are cooperative, you might be able to resolve the issue by having them execute a “deed of conveyance” or “sale deed” in your favour now. However, if they are untraceable or uncooperative, approaching the court is the only way to get a clear and marketable title to the property.

What evidence is required?

To succeed in a suit for declaration of title, you will need a combination of the following:

• Proof of Possession: This is the most critical evidence. This includes utility bills (electricity, water), property tax receipts, ration card with the property address, etc., in your or your family’s name, spanning as many years as possible.
• Proof of the Original Transaction: Any document, however informal, related to the original purchase. This could be an “agreement to sell,” a payment receipt, a note in a diary, or bank statements showing a large withdrawal or transfer around the date of purchase.
• Witness Testimony: Statements from neighbours, local shopkeepers, or old family friends who can testify in court that they have seen your family in continuous and exclusive possession of the shop for many years.
• Negative Evidence: Proof that the original owner has never interfered with your possession or demanded rent or eviction for over 12 years.

How long will the investigation take?

Since this is a civil court matter, there is no “investigation” in the police sense. The process is a judicial one. A contested property suit in India can be a lengthy affair. There is no fixed timeline, but you should be prepared for the process to take several years. The duration depends on factors like the complexity of the case, the workload of the court, whether the defendant contests the suit, and the number of appeals filed. The typical stages include filing the suit, service of summons, filing of written statements, framing of issues by the court, presenting evidence (documents and witnesses), final arguments, and finally, the judgment.

Advocate Sudhir Rao, Supreme Court of India