Temple property and about adverse possession
karthick
(Querist) 09 January 2015
This query is : Resolved
Respected Lawyers,
I am Resident of Bangalore in Karnataka,
Will give a brief history about myself and were we are living currently
Along with my family and 17 other families are living together in the temple property and even our grandfathers and great grandfather use to live in the same place,
we built our own houses, so totally all the families have lived there for more than 80 years,and currently paying a Rent of RS 500 every month,the entire property is in the Name of presiding deity of our temple and there is trust formed who are taking care of the day to day activities of the temple.
Problem:-
But unfortunately from recent past the temple authorities have started giving trouble to the residents and with help of some lawyers trying to vacate us from our house by not accepting rent and filing the case against us in the court for non payment of rent.
my question is, is there any law were we can get the title of the only our houses since we are living there from past many decades and what is the procedure to do so
Please help most of the people who live there below poverty level families.
I am only person who is little learned among them,just trying to help them from this unscrupulous people who want to grab the land and make hefty money, Please HELP.......
B K Raghavendra Rao
(Expert) 09 January 2015
If the case is only about non-payment of rent, better you pay the same in the court to nullify the cause of action. Three points are contradicting: you say living there for more than 80 years, to whom you were paying rent all these years if the property is in the name of the temple deity, who has formed the temple trust and whether revenue records show ownership of the property in the name of the trust, do you have any documents to establish who is the owner of the property. If all these points are cleared, then I can give you suggestions as to how to overcome your difficulties.
karthick
(Querist) 09 January 2015
Thanks for your reply Sir,
Here are my answers;
1. Actually long back in 1978 a committee was formed by our grandfathers and registered in a society to whom we were paying some money as a donation to temple not as rent, and later in the year 1990 a Trust was formed with the help of few outsiders who were well to do and who were capable of taking care of our temple activity ,but from 1994 Donation was collected as Rent by the trust which our elders were not aware of and till today because of that mistake we are still paying it as rent.
2.Revenue records i.e Tax receipt,Khatha ,EC shows the name of temple deity as the Owner. Example:Sri Annaporneswari temple.
3.Yes we have EC and i am trying to get the mother deed as well,but i am not sure how to get the mother deed since it is very old property.
B K Raghavendra Rao
(Expert) 09 January 2015
Trust is only for maintaining the temple and its activities. The land property cannot be owned by the Trust as EC never shows the trust as the owner. If the temple is inherited by your grandfathers, the immovable property on which the temple is situate becomes the property of the legal heirs of your grandfathers. A family tree need to be drawn up, revenue records need to be taken and apply to jurisdictional city civil court for succession certificate.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 10 January 2015
Even if property is of trust they cannot evict u without legal notice or alternate arrangements since u r staying since decades. Bring stay against eviction
