If a property does not have a formal title deed and is not registered with the Registrar of Deeds and there is a dispute over ownership of the property, the person who purchased or otherwise acquired the property must file a lawsuit claiming ownership of the property and submit the declaration of ownership to the court of law.
At the appointed time, the court shall, by examining the documents of the plaintiff, such as the ordinary affidavit, the testimony of witnesses, the seizure of the property, and in case of ownership of the property, issue a verdict to prove the plaintiff’s ownership.
In a property ownership lawsuit, the plaintiff is the person who claims ownership and the defendant is the person who sold the unregistered property to the plaintiff, and if there are previous claims, in addition to the seller, all previous claims must be the litigants.
A lawsuit to prove ownership of a property is filed in a court in whose jurisdiction the immovable property is located. The claim for proving the ownership of the property after the issuance of the verdict and its finalization, has a declaratory aspect and does not require the issuance of an executive order.
Important points in a property ownership lawsuit
- A lawsuit to prove ownership of a property over registered property cannot be heard. Therefore, filing a lawsuit to prove ownership of a property that has an official document is against the law, and the court will issue a decision not to hear the lawsuit.
- Proof of ownership can be filed against properties that are not registered and do not have an official document.
- To prove the ownership of the property, the existence and presentation of a deed or contract is not necessary. Because property ownership may be transferred to the owner in various forms, such as forced transfer and inheritance.
- In the case of property that is not registered and is in the possession of another person, the claimant of proof of ownership can file a claim for proof of ownership and expropriation at the same time.