Rights of property which is in my father's name for 20+ years
sathishkumar
(Querist) 30 June 2012
This query is : Resolved
This is S.Sathishkumar from Tamilnadu.
I want your advice to approach an problem...
My family was living in a home constructed by my dad from his own money, we are living there for morethan 30 years...the property was in my dad's name..from 1987's(as per the computerised data available) .
The land where my house was constructed is natham poramboke land (waste asset of govt. )..
The son( and daughter) of my dad's brother also lived with us after my dad's brother death..
My dad spent his own money for the brother's son education. Also My dad was spent money for their marriage.
But we doesn't have any proof as document; so, he is taking advantage telling everyone, he spent money for my family.
Rightnow My uncle son was demanding that...the land is allocated to his father in 1960's..as well as house is constructed by him..he was demanding us to go out....and filed a land acquisition case against my dad.
My question is...we are living there for morethan 30 years...property is my dad's name...we only paying water tax, house tax and electricity bill and all.......After this much year also anyone can demand likethis...
He is telling that, the land is allocated for his father, and he is having proof of it. In that case, how come govt able to supply patta to us.
My dad was fully disappointed of his approach, we lost our happiness...actually he was not having any contact with us after 1 year of his marriage..20 years ago..the home was constructed step by step by my dad...
Now i started renewing it, the issue started.
We doesn't know, whether he really having any document? For knowing the property history, we are planning to apply for encumbrance certificate.
Suppose what would happen if his dad's name is there means? Is that valid after this long period?
I want your advice on this...expecting your reply..
Regards,
Sathishkumar
ajay sethi
(Expert) 30 June 2012
you have stated that land was alloted to your uncle in 1960 . ho was then land transferred in your father name . ?
you have stated that property is in your dad name since 1987. did your uncle transfer it in name of your father . by deed of gift . please clarify
sathishkumar
(Querist) 01 July 2012
Dear Sir, Thanks for your reply. We doesn't know exatly. He is claiming that, the land is alloted for his dad in 1960's. I have no idea, on which basis it is got transferred to my dad's name. But it is sre that...my dad is staying there for morethan 50 years. We are going to apply for the encumbrance certificate to know the exact reason. My assumbtion is, since my dad is maintaining the land from the starting; I heard some laws when MGR is as CM of tamilnadu, issued some GO saying who are staying in the same place for morethan 10years, the land belongs to them. Is it like that any rule is there?
ajay sethi
(Expert) 01 July 2012
take a 30 title search . you will get all the details .incase your cousin has filed a case against your dad you will have to defend the suit . am from Mumbai not aware of any such law in TN
K.K.Ganguly
(Expert) 01 July 2012
But his father also stayed there along with him till he died. So, you may not get any advantage out of your fathers staying there.
sathishkumar
(Querist) 02 July 2012
Thanks for the comments. No, My dad's brother not stayed at all in that place.Only his Son stayed there. But he doesn't have any proofs like Ration Cards, etc.
