Possession of a property
Jaigopal Soni
(Querist) 20 July 2013
This query is : Resolved
Dear Sir,
There is a property (2.5 Acre of Land along with few rooms & a residential house included )which was purchased by my father from someone 30-40 year back, registered in his own name when his mother,father,two brothers & two sisters were there settled in thier married life.
After few year when his younger sister who was married & having husband & one son asked my father for favour and help her
to avail selter for living for few months till she can arrange for any alternate. my father on recommendation of his mother allowed her sister along with her family to accomodate in a portion of the residential house in above mensioned property of his own.
My aunt and her family continued to stay & accomodate at same portion with verbal consent of my father and not arranged for any alternate accomodation and continued to stay there without any disturbance in the same portion but she continued to assure my father that whenever required she will vacate the premises and in the support of the her assurance she brought a land nearby place & asked my father to support financially for construction of that new purchased land.
After few months of the purchase of the new land by my aunt my father expired and when my mother requested my aunt to start construction of the purchased land and vacate the portion in which she has been living with his family in our named property she denied to vacate and started making different comments in different forums of the society & legal platforms which are menstioned below :
1. my brother has taken money in exchange of this property and i have been allowed to stay here for the same & i am not going to vacate it.
2. this property has been purchased by my brother from a ancestral property and so this is a common property and i am also one of the rightful owner.
Few facts regarding possession and ownership of above mensioned property are as under :
1. Property purchased properly registered in my father name 30-40 year back.
2. After few (1-2)years of purchase father allowed to accomodate her sister in a portion of house which is a part of the property.
3. My father expired after 14 years he has allowed her sister to stay in his named property.
4. My aunt started denying our mother request of vacating the house and started illegal possession of near by open lands and other portion of the house which were used by us for our own purpose.
5. She also started treating and abusing us whenever we visits our property. we have already lodged various complains in police station along with supporting documents.
6. We have already received approval from Nagar palika for renovation & applied for disconnection of electricity as we are registered user of the same.
7. electricty was discontinued by the CSEB on our request but she lodged Writ Against the CSEB & electricity was restored by CSEB on stay given by high court in which she has accepted that she lives in the property of her brother and electricity was disconnected without informing the customer.
8. All the taxes & bills are paid by us except electricity bill but in the name of my father only.
9. Now after death of my father, property has been transfrred in our name by patwari & nagar palika parishad champa.
10. please recommend whato to do. She has nothing written from my father or his parants on tha basis of which she is living there with her family.
Dr. Jyothi Vishwanath
(Expert) 20 July 2013
File a suit for declaration of title and vacation of the premises.
R.K Nanda
(Expert) 20 July 2013
consult local lawyer.
Advocate Ravinder
(Expert) 25 August 2013
First of all tell me how your father purchased the property from some one 30-40 years back. How your father got money to purchase, is it his own income or HUF property income or ancestral property. Then only I can answer your query.
If it is ancestral or HUF property, even though the property lies in your father's name it will become ancestral and other legal heirs also can claim the property. But, since your father's name is recorded in the revenue records for a continuous period of 30-40 years, there is possibility of getting title by adverse possession to your father.
Hence, without going through the documents, I cannot give opinion in this case and as the issue is complicated one, it is better to appoint an experienced civil Advocate at your place.
Jaigopal Soni
(Querist) 10 September 2013
Dear Sir,
As asked by you i would like to add that
1. My father himself has purchased the property from the sellers and sale/registration paper copies already collected and submitted.
2.The money by which he has purchased the property was paid in case and that was earning of his printing press ( At the time of registration seperate Printing Presses was there with my Uncles brothers of my fathers)
Sir i would like to request you to suggest
following :
1. How should i justify that money was from Earning of Printing Press which was independently run by my father ( Municiple Tax Paid on Printing Press Building available for all three printing presses )
2. Is it my responsibility to proof that Money was from Ancestral/HUF or self income. or my uncles.
Jaigopal Soni
(Querist) 24 May 2014
Respected Ravinder Sir,
Please guide.
