Declaration of Property Ownership

If a property does not have an official title deed and has not been registered with the deeds and properties registration office, and a dispute arises over ownership of that property, the person who purchased it or otherwise acquired it must establish their ownership of the property by filing a petition for declaration of ownership with a civil court. At the appointed time, the court, by examining the plaintiff's documents and evidence -- such as an ordinary sale agreement, witness affidavits, possession of the property, and so on -- issues a judgment establishing the plaintiff's ownership if ownership is established. In a lawsuit for declaration of property ownership, the plaintiff is the person claiming ownership, and the defendant is the person who sold the unregistered property to the plaintiff; if there are prior title-holders as well, all prior title-holders, in addition to the seller, must be made parties to the lawsuit. A lawsuit to establish ownership of a property is filed in the court that has jurisdiction over the location of the immovable property. After judgment is rendered and becomes final, a lawsuit to establish ownership of a property is merely declaratory in nature and does not require the issuance of a writ of execution.

Important Points in a Lawsuit to Establish Ownership of a Property

• A lawsuit to establish ownership is not admissible with respect to registered properties. Accordingly, filing a lawsuit to establish ownership over a property that has an official title deed is contrary to law, and the court will issue a ruling of inadmissibility.