Validity of claim of widow

Querist : Anonymous (Querist) 27 September 2018 This query is : Resolved
Hi
A house was registered in the name of my mother which is given to me as Gift in this year. I have three brothers in which elder brother has been died in 2006 .the widow of brother is residing in my home till date.
I want to know whether widow or other brother can claim share in property by going court of law and whether the court shall consider that widow has residing in such home from more than 12 years.

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KISHAN DUTT KALASKAR (Expert) 27 September 2018
Dear Sir,
The principle of title by way of adverse possession is not applicable in respect of properties belonging to joint families, ancestral properties and HUF properties. However you can approach the Court to get transfer the property in your name on the basis of Gift Deed and also get possession of property which is now in permissive possession. That means your sister-in-law is residing in the said property on implied permission basis.

I could have explained more if background is known to me. I am at your service if you visit my office.

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Vijay Raj Mahajan (Expert) 27 September 2018
The house that was the registered in your mother's name if given to you by gift deed that was duly registered at the sub-registerar office and stamp duty and registration fee was duly paid, it becomes your sole property on which no one else in the family has right or share to claim. It was your mother's sole property not a HUF or ancestral or family property so one can claim it.

Guest (Expert) 28 September 2018
Anonymous person does not deserve any help.

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