Possession vs ownership
Guest
(Querist) 28 January 2014
This query is : Resolved
Sir,
My brothers and parents stayed in a flat bought in my name with all members contributing.
My parents are no more but one of my brothers is now claiming possessory rights by virtue of paying the society dues, electricity bill, municipal taxes(even though the receipt is in my name)over the years, contributing some amt to buy the flat and having possession since the flat was bought.
He has now filed a case in court claiming peaceful and uninterrupted possession since 1980 and wants permanent alternative accomodation as the building is now going in for redevelopment.I had sent him an eviction notice asking him to vacate as the builder wants vacant possession.
Can he claim rights based on possession, contribution and paying the taxes and bills even though the title deed is in my name only?
Devajyoti Barman
(Expert) 28 January 2014
You are silent on ownership issue.
Are you or brother joint -owner of the flat?
A co-sharer can take plea of adverse possession.
Guest
(Querist) 28 January 2014
Sir, The title deed has only my name on it and I have already recd the initial corpus amt from the builder.Now that the IOD is expected and time to vacate has come , he has filed this case.
He keeps stressing on the fact that has has been paying the society dues and other bills, has contributed in buying the flat is in occupation of a portion of the flat since the beginning.
Is there a time bar for his claim?
Devajyoti Barman
(Expert) 28 January 2014
Well then he has no right.
Try to get physical possession of the flat.
File a recovery suit asap.
Guest
(Querist) 28 January 2014
Do i have to file a suit?
Can't the builder take my eviction notice and get the court order asking him to vacate?
Devajyoti Barman
(Expert) 28 January 2014
Without court order society can do nothing.
Guest
(Querist) 28 January 2014
Thank you so much Barman Sir.
So does that mean that if i don't go to court he will get back the portion he is living in presently in the redeveloped flat ?
malipeddi jaggarao
(Expert) 29 January 2014
There are two issues in the query.
1. Your brother who is staying since 1980 has to vacate for facilitating redevelopment of the property.
2. Who will get back the portion in the redeveloped flat?
Answer:
1. Though your brother has no right on the property simply because he has been paying the electricity bills etc., etc., he has to vacate the flat if redevelopment is being planned. For this purpose, if he is not vacating, what is the course of action? Police people normally avoid to interfere in civil matters. Only the way is to approach a Court for eviction. Or convince your brother to vacate the same. Third option is forceful evacuation. He will resist for the same and may lodge complaint with police.
2. Once he vacates and redevelopment takes place, naturally you will be the owner for the extent of your original share in the newly developed property.
Guest
(Querist) 29 January 2014
Sir, thank you very much.
You have put the whole issue in perspective.I really appreciate your answer.
Rajendra K Goyal
(Expert) 29 January 2014
You have the title of the property, you are owner. You should arrange court orders for eviction for redevelopment. After redevelopment flat would be handed over to you.
Devajyoti Barman
(Expert) 29 January 2014
You have to file suit for his eviction and recovery of possession else you would loose it.
Guest
(Querist) 29 January 2014
Barman Sir, thank you once again for your valuable time and continued interest.
R.V.RAO
(Expert) 29 January 2014
yes .only court can ask for your brother's eviction.this will pave the way for redevelopment and eventually ,the flat after redev. will be handed over to you as title is in your name.see that builder does not capitalise on the dispute between brothers.
T. Kalaiselvan, Advocate
(Expert) 01 February 2014
Yes, in the name of redevelopment you can file a suit for eviction before the court and once it is,you will get the possession of the property
