Ownership...
tdeli
(Querist) 24 April 2013
This query is : Resolved
Hello,
My Grand Father was tenant of a Factory. He passed away 30 years back.My father was the only one running factory with him so my father took over the factory and its possession.
The last time my father paid rent was 25 years back.
Twenty Years back the Legal Heirs of the Land Lord filed 2 cases for recovery of rent and Suit of Possession against all the Legal Heirs of my Grand Father but the notice was sent to the factory address so we were the only one contesting the case and other Legal Heirs of my Grand Father dint had any clue of these cases.
The cases lingered on for 12 years and in this while both the LRs of the Land Lord who had filed these cases also expired and the case was dismissed exparte 8 years back.
But during the pendency of the case I purchased 75 % of share of one LR of the Landlord and rest 25 % was with the other LR and the same was reported during the pendency of those cases.
My father also expired and I am individually in possession of the factory now with 75 % ownership . The other LR with 25 % share has never demanded any rent from me in last 9 Years of his fathers death and and in last 8 years of dismissal of the case and also as above said last 25 years of last paid rent.
My queries are -
1.Being 75% owner of the property can i claim in any way the ownership of the balance 25 % share also stating that i am deemed owner of the plot now as no one has claimed any rent from me for the last so many years.
2.What are the methods to make such a claim.
3.Were the other legal heirs of my grand father also became my tenants as i have bought 25 % share in the property.
4.Have the other legal heirs of my Grand Father lost their rights in tenancy due to my Possession for such a long period.
5.Can the other Legal Heir of the landlord file again a Suit of Partition with me as we both are now owners of the property or has he lost all his rights .
Thanks ...
Raj Kumar Makkad
(Expert) 24 April 2013
1. You can claim ownership by way of adverse possession of the rest of share but cannot be treated as deemed owner thereto.
2. A valid transfer deed like sale deed from the legal heirs of the deceased land-owenr is required for that purpose.
3. No.
4. Yes.
5. Yes.
tdeli
(Querist) 25 April 2013
Thanks for the reply...
1. What is the procedure of claiming the ownership by Adverse possession.
2.How can i make the ownership of the 25 % share of property of legal heirs of the landlord without bringing them into picture.
4. How did the the other legal heirs of my Grand Father and Father lost their right to tenancy when the landlord had filed case against all the Legal Owners for Suit of recovery of rent.
Thanks ...
prabhakar singh
(Expert) 28 April 2013
You should not think in line your thinking.
Once a tenant always a tenant is the law in India.
Despite all circumstances told, you are still a tenant at sufferance in the eye of law and can never become it's owner claiming adverse possession.Law does not provide you this plea and you can not file a suit for declaration of title by adverse possession.
There is no way out to make you owner of 25% unless you get a sale deed from them.
