Adverse possesion
Shaishav
(Querist) 23 July 2013
This query is : Resolved
My father purchased shop in the year 1983.
however myself(i.e daughter) was in possesion of that shop. He expired in the year 2003, intestate leaving behind wife, 3 daughters and 1 son. All the legal heirs of the decessed relinquished their right in the shop in favour of my mother, who in the year 2006 transfeered the said shop in my favour by a registered gift deed. The society transmitted the shares and shop in my name. Now my mother and siblings are challenging the above gift deed. However since 1983 i am in exclusive possesion of the said shop till date.
Can i claim the ownership of the said shop by adverse possesion?
WHat is the recourse to claim it?
prabhakar singh
(Expert) 23 July 2013
No ! you can never claim title by adverse possession.
Contest the gift case that it was validly made if other heirs have executed registered release deed chances of your winning the case are greater.
Shaishav
(Querist) 23 July 2013
However what happens if the released deeds are duly executed but not yet registered?
Under Specific Relief ACT and under Limitation Act claim title by adverse possession is possible?
Dr. Jyothi Vishwanath
(Expert) 23 July 2013
Prabhakar jii has already said that adverse possession cannot be claimed. So this part of the query is solved.
What do you mean by "duly executed"
Shaishav
(Querist) 23 July 2013
Duly executed means the release deed is on a stamp paper and notarised...
Dr. Jyothi Vishwanath
(Expert) 23 July 2013
Release deed need registration. Since you have paid stamp duty, I hope you have paid proper stamp duty.
If it is not registered, your case becomes weak. Have you got your name mutated to the property in the records?
prabhakar singh
(Expert) 23 July 2013
A notarized released deed (never registered)would not in law be considered to have been legally or duly executed.Gift shall utmost be deemed valid for the share of mother only.
The query about adverse possession is your misconception.Reply has already be given which final say.
Raj Kumar Makkad
(Expert) 23 July 2013
If the release deed has not been registered in favour of your mother then every legal heir of your deceased father is having a share in that shop and further gift mae by you by your mother in your favour is invalid except her own share.
