Absolute true owner
varma
(Querist) 01 October 2011
This query is : Resolved
The contents in registered WILL deed are as follows.
My grand father and his brothers distributed land in year 1935 orally and started enjoying. Actually my grand father got 850 sq yds.On year 1960 he construvted RCCO house in 446 sq yds and started paying house taxes of assesment no:18205, and he was died on year 1964 and my grand mother sold 404 sq yds vacant land in year 1972 through register sale deed and she also died on year 1986 and my mother who is only daughter of my grand parents started paying taxes in her name for H.tax assesement no:18205 for house in 450 sq,yds till year 1995 and year 1995 my mother wrote WILL for thier 2 daughters me & my sister of scheduled property of 450 sq yds and registered in taluk office and died in year 1998.In that registered WILL,my mother mentioned that their fathers and cousin father distributed their property with out documents and my mother father and my mother mother also died with out writing any document up to year 1986 and so my mother started paying tax on that house situated in 450 sq yds.
With that WILL deed I got TITLE on my shared property of 232 sq yds from year 1998 i.e after my mother death and started paying House tax of assesement no: 18205 in my name till date .Actually my sister got H.Tax assesement No: 18205/1 after my mother death and she sold her shared property on year 2000 through registered sale deed with out any dispute on land.
Now also I am living in my shared property house with my family with out dispute till date.
But only problem is I have title on my shared property from year 1998 through registered WILL deed but who wrote that WILL in year 1995 i.e my mother did not have absolute perfect Title as there was no parent/link documents before year 1995 because that property is simply enjoyed by my grand parents and my mother till year 1995 by paying Municipal taxes in their.More over the land is not poramboke and it was recorded as Inam dry land .Actually the land is with in municipal corporation limits of 3 kms in vijayawada city(Andhra pradesh).
When we went to bank for mortgage loan on that my shared property ,they said that i donot have perfect absolute marketable Title as i donot have old link docements.So I have planned making Title absolute marketable by way of adverse possession because we are living in that house openly.continuously,exclusively to all with out any dispute for last 60 years but in my case there is no notorious to True owner.because before year 1995 ,there was no title for that property.PLZ help in this matter to make my TITLE ABSOLUTE PERFECT.
To make my TITLE as ABSOLUTE marketable, whether I can do like this
Actually I want to gift my shared RCCO house in 232 sq yds to my husband.its cost is government rate is 30 lakhs(market value 55 Lakhs) and there was no dispute also till date.But only problem is I had TITLE on that property from year 1998 as per registered WILL deed of year 1995 that was executed by my mother.The contents in the WILL already mentioned in above .But who wrote the WILL deed i.e my mother had no registered/un registered recorded TITLE and grand parents and my mother simply enjoyed that land till year 1998 by paying Municipal taxes in their names which indicate defect in my ASOLUTE TITLE.
But I want to GIFT it to my husband after making ABSOLUTE TITLE only.Can I do like this.
1)By taking advance of Rs. 1 lakh from my husband and i will make SALE AGREEMENT with him making Terms & conditions as follows i.e Sale agreement can not cancelled under any circumstances and advace will not paid back unless if my TITLE is not Absolute Marketable and time period for registeration is 2 months.If he fails to give balance amount and get registered with in 2 months then agreement will be cancelled automatically and no refund of 1Lakh also.
With that terms &conditions, after 10 days my husband will suit on me in court by saying that my TITLE is not absolute marketable because there was no parent/link documents before year 1995 & so refund his amount from me.That time I counter claim that there was no refund of amount of 1 Lakh as per agreeement terms and TITLE is Absolute Perfect Marketable by showing all my supporting documents for Title praying under plea of adverse possession to court and i will also say to court that if required give Public notice and I pray court on basis of Adverse possession declare me as Absolute True owner on my favour.Once decree passed in my favour, after 3 months I want to GIFT that property to my husband.
Is this help full to me for making my TITLE absolute marketable.
also give suggestion that if Sale agreement is not done between me & my husband, to whom i have to make this agreement .
If YES,Please give suggestion what type of legal litigation i have to face in court if i go as my proposal & how much Court fee I & my husband has to be paid and total how much amount i have to spend for this case and time taken for disposal of this case.
House is situated at Vijayawada city i.e with in municipality corporation limit of 3 Kms(Andhra pradesh).we have district civil court in vijayawada
prabhakar singh
(Expert) 01 October 2011
As all of the plan is proposed to proceed between wife and husband hence it shall be always stinking as collusive.
Better think some thing else.
varma
(Querist) 01 October 2011
Mr.Prabakaran sir,
if plan i.e proposed between wife & husband is not fare or not believed by court, in place of my husband I may substitute an outside buyer(as plantif i.e dummy only) and make sale agreement and that buyer will suit on me to refund 1Lac rupee as i donot have absolute marketable title at that time i counter claim by defence myself in court against plantiff by saying that it will not required to give Rs 1Lak back as refund and i will show all my supporting documents for declaring me as absolute true owner by plea of adverse possesion.once decree declared on my name and after agreement time is completed only i.e after 2 months, I gift that property to my husband.
replying to my question is very valuable to me
If YES,Please give suggestion what type of legal litigation i have to face in court if i go as my proposal & how much Court fee total I have to spend for this case and time taken for disposal of this case.
prabhakar singh
(Expert) 01 October 2011
Yes ! for that i agree find an outsider.
But if he becomes plaintiff ,then you need not only to file a written statement but a counterclaim of declaration that you are owner with possession only then a decree could be passed in your favor because no decree is passed in favor of a simple defendant unless he/she is a counter claimant. Else plan to become plaintiff your self.
varma
(Querist) 01 October 2011
mr Prabakar singh sir,
how can i become plantiff in above case.Please explained in detailed
prabhakar singh
(Expert) 01 October 2011
18205 is your share and 18205/1 was share of your sister which she has sold,if buyer of this property agrees ,he can be sued as defendant in a suit by you that he has no right title or interest in your share but threatening to disturb your possession hence you be declared owner and he be restrained permanently from interfering in your title and possession.
He even if chooses to betray for any reason after filing of suit you would be safe as he buyer of your sister and can not claim any thing more than his sale deed is.
varma
(Querist) 02 October 2011
sir,
In my case neither sister property buyer nor my neighbour did not agree to become defendant & to involve in this legal matter as said by you. So I request you to give suggestion for me how i become myself plantiff for my above plan proposal b/w me and outsider for sale agreement inorder to declare me as absolute true owner by plea of adverse possession so that it will be very convinient to me.
Also tell me how much Court fee total I have to spend for this case and time taken for disposal of this case
varma
(Querist) 03 October 2011
sir, plz give suggestions for my above quiery and also tell me how much Court fee total I have to spend for this case and time taken for disposal of this case.the property is in vijayawada(andhra pradesh)
