Dear esteemed lawyers,for your views,case background in uttar pradesh
With respect to property acquired by succession ;
Rights of property claimed by daughter married 40 years back and father\'s death 24 years back ?
Rights of tenant occupying part of property for last 22 years without rent agreement,receipt ? They have electricity connection in their own name without authority by landlord ? Adverse possession applicable ?
Rights of municipal authority to add names other than in succession certificate to record as a/1,2,3 etc ?
House tax paid by landlord ,no liabilities.
Rights of other bodies like DM in passing orders against landlords on approach by litigants without any court case ?
Property-house on renewable lease by dist board with permanent renewal clause.
How can sale of such property be made-what instrument ?
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1- Ancestral property,no will,passed to 3 sons by succ certificate,have original khata,reg succ certificate,tax receipts & lease renewal docs.As stated father died long before 2005 and daughters marriage too long back,can daughter even contest any rights after SC 9/2005 recent order in any court/DM office/Municipality?
2-On what grounds occupancy legal-adverse poss or tenancy.If tenancy what is proof ? How legal to get elec connection without tenancy proof / consent of landlord ?
3-What docs are considered acceptable if there is no other name in succ certificate other than 3 sons nor any other real will? Can RTI to municpality ask for record and sanctity of changes made ?How can municipal body add names as property/1,2,3 other than 3 due owners with no batwara or division in registry ?
4-No adverse orders till date against 3 owners,can NOC be denied by municipality given no dues exist.
5-Will sale deed transfer entire land rights or only structural rights ?
