Property dispute
SAPNA KANNAIDAS
(Querist) 22 March 2012
This query is : Resolved
Dear Members,
A plot was purchased by "A" from 3 legal heirs of a deceased person. Therefore it came under three documents. Since there was a dispute in the property, 1/3 part was transferred to A's sister to handle litigation since "A" lived in a different city. Due to smooth relationship, "A" did not get the part of the land transferred to him and A's sister who is an old lady was allowed to stay in a small hut on the same plot. Now after 20 years A's sister is demanding a hefty amount as the relationship is not that good. "A" is concerned about the transfer now as in the event of the lady's death, he will have to approach her 4 children who may again ask for big amounts. He is ready to allow his sister to stay in the hut even after she transfers the plot to him. What could be the possible solution for this?
Regards,
Sapna
V R SHROFF
(Expert) 24 March 2012
Settlement is the only solution. Even Adverse Possession claimed by sister of Entire plot of land will create trouble for A.
She is in use, occupation and possession for last 20 years. So Cannot be evicted without due process of law.
ajay sethi
(Expert) 24 March 2012
from the facts stated by you it appears that 1/3rd of plot is standing in name of A sister . she has been in lawful posession of said plot for 20 years .
in case he wants to transfer the plot in his name it is better he gives his sister monetray compensation .
consider it as a rakhi gift to sister .