Mallappa.G (Engineer) 09 September 2014

Request your help to save our house

Hello Sirs, --- Our windowed aunty (wife of B) is chasing us to vacate our house which came through family partition. I need your help/guidance to protect our house through legal path. My hindu father family (4 brothers, 2 sister) partitioned in year 1994 and family settlement agreement done on plain paper but not registered. My aunty's husband (B) had not signed this family settle paper as he was not accepted this partition. Family partition details is as given below: Grand father's two houses divided among 4 sons (A,B,C and D) A and B partition in house no1 C and D partition in house no.2 A- got his owned 15 acres land which he brought from his self earned fund ie no land had received from his father property B,C and D got 15 acres land each from grant father property During family dispute (before family partition) son B managed transfer house no.1 from his father to his name without knowledge of remaining 3 brothers. Grand father, son A and Son B passed away before year 2000 Now my aunty claims that house no.1 completely belong them. Hence she is forcing us (I am son of A) to vacate our house after 20 years. Is there a legal way to stop my aunty act to vacate our house. In case we (son of A) can not claim partition in house no.1 then shall we claim grand father property from 3 uncles through court of law? What is the best way to resolve this issue through court? ---- Thanks Mahesh

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6 Replies

Hardeep (Business) 09 September 2014

a)Family settlement is not valid since not accepted by B - your father's brother.

b) if house 1 was self acquired by your Grandfather he was within his rights to transfer it to anyone during his lifetime or via an undisputed Will later.

c) If grandfather died without a will , rest of his properties devolve upon his legal heirs as per laws of succession. You may proceed accordingly and ask for a partition.

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

Mallappa.G (Engineer) 09 September 2014

Dear Adv Hardeep, --- ---Thank you for quick advise--- My grand father had purchased two houses and 45 acres agri land by his self earned money and he had not left any WILL.As per your advice point b) looks like I can not claim our portion of house no.1.---- In year 1980 My father (A) had dispute with my uncle (B) .Therefore he came out of joint family house (house no.2) and started his business and staying in house no.1.In year 1990 he had brought 15 acres land from his self earned money. While doing family settlement in year 1994 my grand father convinced my father to keep his 15 acres land and 50% portion of house no.1 settle the issue.---- 1) Is my father self earned 15 acres land will be part of joint family property or my uncles do not have any rights to claim on my father self acquired property?--- 2) After partition in year 1994, my father again purchased another 15 acres land on my name. Is my uncles have rights to claim portion of 15 acres land which on my name?--- 3) After doing land mutation,my uncles C and D had sold portion of their land in year 1999, how do claim sold property through partition suit?--- 4) My father sisters have any rights on grand father property and my father earned property?--- Thanks---Mahesh

Rangee (Lawyer) 09 September 2014

You are not clear in your brief. Please separate all the properties self acquired by your grand father,please mention the date of death of your grand father and father, and Mr B. If any property is left in the name of your grand father as on his death that property is ancecestral property you have rights over it. It looks that house purchased in the name of your grand father has been transfered in the name of B and he becomes absolute owner of house no.1 which cannot be part of partition deed in 1994 you are not clear whether who were alive at the time of partition. please mention chronologically dates of property acquired and date of births and deaths in the family. pls prepare a family tree then it is possible to understand who own which property on which date. since you are staying in the house 1 for more than 12 years you have right to continue till final settlement of all these issues are settled legally law of adverse posession may also help you to say in the house till the issues are sorted. consult a good lawyer.

R.S.K.Singh

Advocate

Hardeep (Business) 10 September 2014

Indeed law is complex , particularly property law. So better to have clarity via a good lawyer. You' d also need the involvement / concurrence of other heirs for a smooth process. .

As for House No. 1, as said above, law of adverse possession can help you perhaps. You would need to prove an "open and continuous possession " of House No. 1 which the Rightful Owner knew belonged to him/her and yet the Rightful Owner did not object in any fashion, for a period of at least 12 years from the day the Rightful Owner acquired title.. You will also need to admit that you are not the Owner but the other. So, the Adverse Possessor gets property NOT because he has rightful title to it but because of the inaction of the Rightful Owner in claiming his title.

Mallappa.G (Engineer) 12 September 2014

Dear Adv RSK Singh and Hardeep,

Many Thanks for providing law point "Law of adverse possession".Now I have great relief!

My grand fathter had 4 sons (A-D)and 2 (D1 and D2) daughters

Grant father born in year 19920 and died in year 1994 (after partition), my uncle B born in year 1945 and died in year 1998 and my father(A) born in 1943 and died in year 2002, uncle C born in year 1950 and Uncle D born in year 1955 and both uncles C and D are alive.

Daughter D1 born in year 1951 and D2 born in year 1958 and both D1 and D2 are alive

-Grand father acquired 45 acres land and 2 houses (no1 and 2) in year 1952 to 1960.

-Son A self acquired 15 acres land in year 1990

-Uncles B-D does not own any properties before family partition in 1994.

Distribution of properties after partition in year 1994 is :

- A- owns 15 acres land (which was acquired by himself) and 50% portion of house no.1

- B-D owns 15 acres land and 50% portion in house no.1 and 2 each (both land and houses were acquired by grand father)

Thanks

Mahesh

Rangee (Lawyer) 12 September 2014

Mr.Hardeep thanks for concurring with my view you have rightly added on the law of adverse posesesion I hope we have resolved this query good luck to Mr. Mallappa I have read your mail i will reply shortly

R.S.K.Singh