LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

shailesh (technical associate)     22 February 2011

Can Licensee Become Owner by Adverse Possession

HI,
       My question is little complex. so i am putting in points

1. My grandfather died in 1967 and my father grandfather was alive
till that time. since then we shifted to delhi. My father grandfather
was having self acquired property and was also having 2 sons and 2
daughters . My father grandfather has done a registered will in 1969
in the name of  father's chacha ji stating that 2/3 of total area is
belonged to him and 1/3 will be given to us so that we can stay over
there and we can stay till my father's chacha ji willing to do so.
Till that time we were having 1/3 of possession

2. In 1971, we got the half possession of the area as oral family
settlement. In 1977, all legal heirs has done a relinquishment deed in
favour of My father and my father chacha's ji giving them 1/2 to each
other.

3. Then My father's chacha ji got expired in 1994 leaving 2 sons and 2
daugthers.My father'chacha ji legal heir has done a relinquisment deed
of whole plot in the name of there 2 sons and then son A has given the
Power of Attorney to Son B.

4. Son B has now destroying and  constructing the home in there half.
So we want to get the title in our name of our half property.

5. One more thing i want to say we have possession of 1/2 property
since 1977 and my father has done mutation in his name since 1997

Please guide how we can tackle through this problem and how we can get
our half share



Learning

 5 Replies

Manish Singh (Advocate)     22 February 2011

it seems from your query that you already hold 1/2 portion of the property through relinquishment deed. some part of your query was not clear.

 

Anyways, if you have the half of the property then why you need to prove it by adverse possession.

shailesh (technical associate)     24 February 2011

1. Mr X purchased a land in 1952 in Delhi.Mr.  X is have 2 sons and 2 Daughters I.e.
•    Elder Son A
•    Younger Son B
•    Elder Daughter A
•    Younger Daughter B
2. Before 1965 Mr X was living with Younger Son B.
3. In 1965, Elder Son A came to Delhi because he was suffering from Cancer. He was having  2 Legal Heirs i.e. Elder Daughter AD and Elder Son AS. Elder Son A Started Living in the 1/3 of the Property
4.  In 1967, Mr. X done a Registered Will in the Name of his Wife Mrs Y. in WILL, he stated that after my death the whole property will belong to her and if she wants she can give the Property to Legal Heirs
5.  In 1968, Elder Son A died as he as suffering  from Cancer and Mrs Y(Wife of Mr X and) died.
6. In 1969, Mr. X done a another Registered Will  invoking the Previous WILL which States that
    A.  Whole Property Owner is Younger Son B
    B. Legal Heirs and Wife of late Elder Son A will be living as License  in 1/3 of Possession and Can     be Evicted anytime by younger Son B. Younger Son B was treated as Licensor  and Owner in WILL
7.  In 1971, Mr. X died. Legal Heirs of Elder Son A  i.e.  Mr AD has taken the possession(Started Living)  in 1/2 of the property. Then There was Oral Family Settlement that Property is divided into Equal Part between Mr. AD and Mr. X . No Written Document was made.
8. In 1977,  Elder Daughter A and  Younger Daughter B(Other 2 Legal Heirs of Mr X) done a Registered Relinquishment Deed in the name of Mr AD and Younger Son B giving there Whole Ownership Equally To Them.
9. Younger Son B is having 4 Legal Heirs (Elder Daughter BD1, Elder Daughter BD2 , Elder Son BS1, Elder Son BS2)
10. In 1994, Younger Son B died.
11. In 1997, Legal Heirs and Wife of Younger Son B has done there Own Relinquishment Deed  giving  the property half/half to Elder Son BS1, Elder Son BS2 and also stated that they are having the possession of the Property. But they are actually having  possession of half of the Property
12. Sons of Younger Son B are not having any Source of Income so they want to have this property in any way
13. Mr. AD has done the Mutation of Half Property in his name since 1998 and paying the Electricity, Property Bills from Many Years. Also Mr. AD has Revamped(Re-Structure) the home in his Half around 2002.

Can anybody help me about Mr. AD can  take Title of His Half and What is possibility of wining the Title? Please help us as we are really feeling alone

Can License become Owner through Adverse Possession?




 

shailesh (technical associate)     25 February 2011

please help

Manish Singh (Advocate)     25 February 2011

This is not clear

"8. In 1977, Elder Daughter A and Younger Daughter B(Other 2 Legal Heirs of Mr X) done a Registered Relinquishment Deed in the name of Mr AD and Younger Son B giving there Whole Ownership Equally To Them." 

to them means to whom?

anyways, if relinquishment has been done in your favour and also got registered and most specifically that half of the property has been mutated on your name since 1998, then why are you getting worried then.

You don't need to prove your title since you already hold the title.

No need to prove it by adverse possession or something.

shailesh (technical associate)     28 February 2011

hi manish

In point no 8,. In 1977, Elder Daughter A and Younger Daughter B(Other 2 Legal Heirs of Mr X) done a Registered Relinquishment Deed in the name of Mr AD and Younger Son B giving there Whole Ownership Equally to Mr AD and Younger Son B .

 

please help me 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register