Will lack of formal registration cause legal issues for property?
Hello Sir, my father purchased a 25×60 plot in the Gram Panchayat area in 2003. The plot belonged to a temple, but the temple committee sold it in an auction in the presence of all the villagers. The relevant papers were signed, and the property was transferred to my father at the Gram Panchayat office. Since then, my father has been paying the land revenue for the last 23 years. However, the property is not officially registered in the land records. My father has the E-Swathu document for the property. Is there any legal issue due to the lack of formal registration? Also, the committee members who signed the documents are now deceased.
The sale by the temple authorities need to comply with the Indian Trusts Act 1882 or the local laws governing the sale of temple property. E swathu document is not equal to the formal registration under Registration Act 1908. There are risks involved if the land documents are not registered. It has to be registered under Section 17 of the Registration Act 1908. To make the documents legally valid, apply for regularization under the state property laws, by approaching to the local sub register office with the necessary documents such as sale agreement, e swathu document. Ensure the property is mutated in your father’s name.
It may be a complicated legal issue since the ownership is usually proved with the aid of some register, due to which he did not have a registered document for the plot. Yet, his payment of land revenue payments and his possession of the E-Swathu document can validate his claim. Since all those members of the temple committee who signed the documents are dead, this would create some complications, yet does not disprove your father's ownership. It is better to look for a lawyer who would discuss the option of registering that property or acquiring a succession certificate in case one is needed.
Sir, this may create a legal issue due to the lack of formal registration as per Indian law, potentially leading to future consequences. Please ensure you keep all your land revenue receipts to protect yourself from any future legal repercussions. For further legal assistance contact us on our helpline number.
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