Property dispute
Priya Bhatia
(Querist) 15 March 2015
This query is : Resolved
Respected Members,
I own a property( which is not yet registered) we have put up the papers for regularization of the same. I am receiving the Tax of it on my Fathers Name since 7-8 years. The light meters is also on my fathers name.
The problem is my grandfather helped my father financially in purchasing the said property but after a few years my father repaid all the amount to my grandfather.
Then my father gave the said property on rent and still being modest he used to give some amount of rent to my grandfather for his monthly expenses (Even after repaying the full amount to my grandfather).
Now i want to ask weather my grandmother or my uncles( i.e. my fathers bothers) will have any legal right on the said property.
I want to mention NO PAPER WORK is done on my grandfathers, grandmother or uncles.
Devajyoti Barman
(Expert) 16 March 2015
First tell in whose name the property was purchased.
If it is your father then none can claim share in it.
Priya Bhatia
(Querist) 16 March 2015
it is not yet registered on anyone's name.We have put up the papers regularise the property. The tax of the said proproperty comes on my fathers name.
Mahadeva Rao G
(Expert) 16 March 2015
Pls answer the following.
!. What kind of property it is.
2. Presently in whose name the title is standing.
3. Your grandfather helped your father is ok, from whom the said property was purchased. ??
4. On what basis the meter reading stands in your father's name.??
5. On what document you are put in possession of the said property. ?
Priya Bhatia
(Querist) 16 March 2015
1. Its a shop with RC Sheets.
2. We just have tax receipt on my fathers name.
3. The property was purchased Local Municipality.
4. When we purchased the new light meter they registered it on my father's name.
5. We are currently possessing the Tax receipt and Light meter.
Mahadeva Rao G
(Expert) 16 March 2015
PLS CLARIFY POINT NO.3 -PURCHASED LOCAL MUNCIPALITY ?
Priya Bhatia
(Querist) 16 March 2015
The property belonged to Municipality it is amongst the land given to sindhi refugees who came from undivided India.
Priya Bhatia
(Querist) 16 March 2015
So it is not yet registered. The process has been started to regularise the said property under the judgement by supreme court in the following case
Hari Hotumal Tanwani vs Commissioner, Ulhasnagar ... on 25 January, 2006
Equivalent citations: 2006 (2) BomCR 487
Bench: L R., M A V.
Mahadeva Rao G
(Expert) 16 March 2015
As u said If the process has begum by the Muncipal and papers has already been processed, then ensure that u r father follow-up the matter. Only thing ensure there is no CLAIM from any other siblings of your father or grand father.
Priya Bhatia
(Querist) 16 March 2015
Surely we will follow the process. Thanks a lot Advocate Mahadeva Rao G for your guidance.
Rajendra K Goyal
(Expert) 16 March 2015
In whose name the property is allotted and in whose name the property is now? What are the documents possessed by your father?
Consult local lawyer and show him all the documents.
Priya Bhatia
(Querist) 16 March 2015
We possess Tax Receipt and light bill only on my fathers name.
T. Kalaiselvan, Advocate
(Expert) 18 March 2015
Though your grandfather had occupied and had been in possession since beginning, subsequently the records including the tax and electricity connections were made or transferred on your father's name, it is your father who has to apply for allotment of the property on his name, ask him to follow it with the municipal authorities scrupulously.
Priya Bhatia
(Querist) 18 March 2015
Thank you so much Advocate T. Kalaiselvan. Just want to clarify that will my grandmother or my uncles(my fathers brother) have any legal right on it?
T. Kalaiselvan, Advocate
(Expert) 18 March 2015
@Author: Since the revenue and other records have been recorded or transferred in your father's name during the life time of your grandfather itself, which fact is well known to others too, there cannot be any dispute from any quarter at this stage, but if they come out with a claim, you have to defend the title adverse possession, consult your lawyer for further issues based on the circumstances prevailing at your end.
