Construction ownership
vijayj4.2012
(Querist) 24 November 2017
This query is : Open
D--> Defendant. P-->Party/Plaintiff.
1) Anil(P1) and Prabhat(D1) from Salary==>registered sale deed==> Property X in Pune ==>3000 sq ft.
2) Anil(P1) and Prabhat(D1) are a cousin.
Prabhat(D1) and Sandip (D2) ==> Real brothers =>Kirana Shap==>Property X ==>1200 sq.ft. ==>No
RENT/LEASE agrrement.
3) 2 storey building Superstructure construction in 2000 => Residential house => behind Kirana Shop =>
Money spend by Anil(P1), Prabhat(D1) and Sandip(D2).==>Completion certificate in 2002.
4) Prabhat(D1) and Sandip(D2) ==>submitted an assessment of building completion to income tax.
authority in 2002. After query rased by AO below letter submitted:
LETTER CONTENT on PLAIN NOTEBOOK paper (NO revenue stamp or NO notary/judicial stamp)::
=======================================
==>
"We have allowed construction of some portion of land jointly owned by us to Sandip, who is the real brother of Prabhat and cousin brother of Anil.
ONLY superstructure amounting ---Rs is jointly owned by Prabhat and Sandip.
The land is owned by Anil and Prabhat jointly and still is our own property. We are jointly living family members Sandip has been allowed to construct jointly with Prabhat.
Sandip paid construction Amount = X Rs. (half of total construction cost)
Prabhat paid construction Amount = Y Rs. (half of total construction cost)
"<==
Query::
======
-- Can Sandip and Prabhat (real brother) become owner of the premises by just this I.Tax plain notebook
letter? NO lease deed/ NO registered doc.
-- Can document(tax assessment/return) submitted in Income Tax is admissible as evidence? Or Proof of
ownership?
-- Can above letter submitted to income tax had given/transferred ownership of/from Anil(P1) to
brothers(Prabhat, Sandip)
-- Can Anil(P1) request the court to demolish the superstructure and give possession of the land?
-- Plese provide any remedy/alternative/solution to get back property by partition suit without giving
construction cost.
P. Venu
(Expert) 25 November 2017
Please state the simple facts.
vijayj4.2012
(Querist) 25 November 2017
Respected Sir,
This is a real issue facing in partition and possession suit. Defendant submitted the letter as an evidence. I tried to upload the letter with the post, but can't find the option while posting this issue. If any expert lawyer at Pune, I can show it them all the documents.
Thanks in anticipation for your help.
With Regards,
Vijay
