dispute
raju
(Querist) 26 November 2009
This query is : Resolved
dear sir, we have a property in delhi which was allotted to my father and his brother after partion of india against the properties of my grandfather in pakistan. the monetery amount for resettlement given to my father and uncle by the ministry of urban development was in ratio of 30% of my father and 70% of my uncle.now both my dad and uncle have expired and now the inheritants of my uncle are asking for a 70% share even though they have never entered our house for last 40 years as they are residing out of delhi..this property lease papers clearly state that 'division of property is not allowed'..on my side we have 3 inheritants i.e my mother,sister and myself..on my uncles side its also 3 inheretants i.e one brother and 2 sisters..now we want a settlement on the ratio of half and half on this property on the basis that we have been the only resident of the stated property for almost 40 years..my cousin wants to settle in ratio of 60% for him and wants to give us only 40%....does he have any legal right to enter a house occupied by only my family since past 40 years on the basis of illegal or legal grounds.please advice accordingly...thanks and regards..amit
Devajyoti Barman
(Expert) 26 November 2009
If the your uncle's heirs could show the particular ratio whereby the property in question was allotted then definitely they can claim their allotted share by way of filing partition suit. However in the context of never claiming their share for the last 40 years or your exclusive possession for those years you can safely take a plea of adverse possession against them as the rule of adverse possession applies against the co-sharers also.
adv. rajeev ( rajoo )
(Expert) 26 November 2009
ur uncle's sons are entittled to claim the equal share in the share of their father, without any base they cannot claim 70% of share.
As Devajyoti said u can take a defense of adverse possession.
Sachin Bhatia
(Expert) 26 November 2009
Your uncle's sons can claim their allotted share by way of filing partition suit.
joyce
(Expert) 26 November 2009
Adverse possession defense is a good defense in ur case and take advantage of the law. latter ur cousin cannot misguide u in telling any percenatges he requires. partition is done as per the legal slab as rajeev suggested. I also agree with other experts as well.
niranjan
(Expert) 26 November 2009
It seems from your querry is that= you are in possession of 100 pc of the property,out of which 70 pc is of your uncle and 30 pc is yours. If yourcousin are asking their father's share what is wrong?Adverse possession can only come in play if you have openly claimed your ownership of the property against the true owner under his knowledge,simply by long possession cannot attract adv.possession.You may ask for the expenses incurred by you for all these years in maintaining the premises,paying taxes etc.
Raj Kumar Makkad
(Expert) 26 November 2009
I strongly differ with the opinion of Joyce, Rajeev and Divyajyoti, The plea of adverse possession is not available to you as mere long stay doesn't provide the opportunity to take plea of adverse possession. it must be hostile to the true owner. The cos-sharers cannot take the plea of adverse possession.
In my view, your uncle's legal heirs have got no right to claim more than 50% share legally and they can do nothing against you on the basis of your continuous stay in that house. if you are residing there then you have also maintained that house and have incurred cost of regular repairs, have paid regular charges of electricity, house tax, sewerage tax, other taxes etc. who all have contributed in the present cost of the house.
I suggest to bring your cousin brother on table and convince him for 50% share out of court.
raju
(Querist) 28 November 2009
DEAR SIRS,THANKS FOR THE RESPONSE.I WOULD LIKE TO ASK THAT IF THE THINGS GO TO THE COURT THEN WHAT SORT OF CHANCES WE HAVE OF GETTING 50 PERCENT SHARE.ALSO WHAT CAN BE THE LEAST AMOUNT WE CAN CLAIM FOR OURSELVES ON THE BASIS OF THE FACT WE HAVE OCCUPIED THE PROPERTY AND MAINTAINED IT FOR 40 YEARS,PAID ALL THE TAXES ETC..ALSO THAT ON EACH SIDE OF THIS ANCESTRAL PROPERTY WE HAVE 3 INHERITERS EACH.THAT MEANS FROM MY SIDE WE HAVE MY MOTHER,MY SISTER AND MYSELF AND ON MY UNCLES SIDE THERE ARE ONE SON AND TWO DAUGHTERS AS THEIR MOTHER HAS EXPIRED TOO.DO U THINK IF MY COUSIN DOES NOT AGREE ON 50:50 RATIO OUT OF THE COURT SETTLEMENT ,THEN SHOULD WE GO TO THE COURT OURSELF.BASICALLY I STILL WOULD LIKE TO KNOW WHO STANDS A BETTER CHANCE IN THE COURT AND THE DECISION WOULD FAVOUR WHOM.THANKS
