shailesh (technical associate) 29 October 2011

Property dispute-please help urgent

HI,

Please find my below mentioned case-

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.
14. 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.

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12 Replies

sanjeev murthy desai (Advocate) 29 October 2011

Your question is not clear Mr.Shailesh.

After the demise of mr. x, all his property bequeathed to son B as per registered will. Is he made any statement for cancellation of registered such will.

How it is possible after the demise of X, then there was family settlement between x and AD.? is it possible.

shailesh (technical associate) 29 October 2011

Hey Sorry for wrong sentence

Mr x done regisetered WILL in name of Son B.

After death of Mr X, all legal heirs of Mr X hav done a family settlement(ORAL) that MR AD and Mr X will be get equal half share of property. To Support we are having relinquishment deed done by two daughters of Mr X in favour of Mr AD and B.

Right now MR AD are having half of the property we are living in half of the property with Proper straight WALL bettween us

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 29 October 2011

Dear Shailesh,

As per your contention, AD is already having title, ownership and possession of half share of property and remaining property is in the hands of legal heirs of Younger Son B i.e. BS1 & BS2.

so what is the dispute between both parties i could not get, make it clear

sanjeev murthy desai (Advocate) 29 October 2011

In my view, that property is self acquired property of Mr X. After his demise all his property should be bequeathed in favour of Mr. B. hence as per documents and facts as you mentioned Mr. B is the absolute owner of the Property.

All the legal heirs of Mr. X dont have any rights to execute family settlement or release any rights in favour of Mr AD and B when will is operated. As per succession Act testater wish should be final.

hence, Mr AD have only permissive possession of the property. Hence it is advisable to get release or gift from B with respect to half of the property otherwise Mr. AD dont have any rights.

Regards.

sanjeev murthy desai (Advocate) 29 October 2011

"Licensee to live" cannot be treated as abosolute owner of the Property. Eviction rights should be devolved upon to all the legal heirs of B. They can file suit for possession subject to objections of Mr AD.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 29 October 2011

Dear Sanjeev

Once, a person executes a registered document by accepting the family settlement knowing pretty well that the property exclusively belonging to him. Then it is difficult to dispute since, WILL must be accepted by the beneficiary and it is immoral to claim the property at this point of time.

shailesh (technical associate) 29 October 2011

Thanks sanjeev and KSA Narasimha Rao Sir,

Actually we(AD) are living in half(1/2) of the property since 1971 and we(AD) have all the mutation,electricity bills in our name

Also we are not in good terms with legal heirs of B so it will be difficult to get documents signed by them.

If they done a suit in court . Do you think it will be possible that we can win against them and get the ownership in our name.

sanjeev murthy desai (Advocate) 29 October 2011

Your clarifications on fact are not clear Mr. shailesh.

B also signed as party in the Settlement Deed. At the time of Settlement Mr. X expired but he was allotted half of the Proeprty. Then daughter of X are executed release deed in favour of AD and B. I dont know how it was possible. B was not allotted any share in the property but all the legal hiers of B are executed release deed and still they are still in possession. hence it is very diffcult in obsence of documents.

shailesh (technical associate) 29 October 2011

B doesnot signed any document . Neither he signed the relinquishment deed that is done by 2 daughter of Mr X. Actually at that time releasees dont have to sign the relinquishment deed.

Actually there was oral famil settlement done in family. Having faith on B(Chacha ji) ,earlier we (AD) havenot tried to get any proper document. but later when tried to get document signed by B, he dies.

Now what do you think about our(AD) title and ownership rights

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 29 October 2011

1. It is not clearly mentioned by you what was the family settlement made between all the family members ?

2. Once your father acquired the title, what is need for your father again in joining for oral family settlement ?

3. If the family settlement is only to give leave and license rights ? then what is the need of your aunts giving him relinquishment rights in favour of your Chicha instead of your father ?

4. Several years expired after changing the nature of property, so far you or your father have not made any claim or title or prevent from change of nature of property, which is basically reduces the chance of having win over the case.