restriction of mutation of immovable property
panchdev patel
(Querist) 11 July 2015
This query is : Resolved
Sir, we are three brothers.Every person has his own field but no registration of the fields in the court.My one brother is gifting the field to other brother in my immovable property.I want to restrict them.How can I restrict them bywhich law?
dr g balakrishnan
(Expert) 12 July 2015
without due registration if you hold property more than 12 years then you get adverse possession right over property, i cannot make out how many years you are having the said property.
secondly, what you were enjoying so long cannot be taken away with due procedure laid down law, if done,naturally, the taker or the property given by 3rd party is illegal and a punishable under law of crimes.
so none can take law into one's own hands.
Advocate Ravinder
(Expert) 12 July 2015
I could not understand your query. But I understand that there was no registered partition among you all brothers. Your brother cannot gift the property to other brother without your consent. You have not clearly stated whether he gifting or already gifted.
If it is not yet gifted, file partition suit immediately.
If it is already gifted, file partition suit as well as cancellation of registered gift deed.
I disagree with the advise of balakrishna. There will not be any adverse possession within the co-owners.
T. Kalaiselvan, Advocate
(Expert) 16 July 2015
How did you know that the property which is in your possession belongs to only you in the absence of any supporting document for establishing your ownership?
If it was inherited from your father/grandfather, then file a partition sit seeking separate possession of your share in the property with an application for injunction restraining others from alienating the property to some third party.
