property
kinston jerold. S
(Querist) 04 June 2010
This query is : Resolved
super stucture is in the name of one x and y, "A" had purchased the super structure from y and purchased the land from z(who is the real owner of the land)and the entire super structure was demolished and "A" had put up a puckka construction in that propert.
now one "Mr.B" is claiming "y" is the concubine of his father "X" and he is entitiled for the share in the super structure.
now A is in posession and enjoyment of the scheduled property and he is enjoying the benifit of injunction. whether B is entitiled any right after removing the superstucture.
what is the remedy available to "A"
n.k.sarin
(Expert) 04 June 2010
A is the absolute owner.B's right creat after the death of his father x, to the extend of their share in the super structure.
adv. rajeev ( rajoo )
(Expert) 05 June 2010
A is the absolute owner , presently B cannot claim any share brecause x is still alive. If the property is an ancestral then B can claim but burden lies on him to prove that he is son of X. If the property is self acquired property of X & y, B cannot claim anything.
Uma parameswaran
(Expert) 06 June 2010
If the super structure is in the name of X and Y then consent from X and Y is necessary for A to purchase the same.If A purchase with out the consent of X ,it could not be tell as a valid purchase.
