Properties related
Anubhav yadav
(Querist) 27 April 2016
This query is : Resolved
My handshake to all juries!!
Sir one of client totally helpless
He lives in joint family his father have two brothers and the land is registered in one of his fathers brother name but now they all are separated when the deed was done they promised my client that they will give that land for ruppes 40k to my client and for the previous 20 years my client paying the all taxes in his name and also residing in that land from the 70 years.
Sir my question what kind of relief my client will get can that land be assumed of my client according to west bengal properties law???
P. Venu
(Expert) 28 April 2016
Is your client facing any problem in occupying the property?
Rajendra K Goyal
(Expert) 28 April 2016
Land is in the name of father's brother, he is owner.
Claim of your client has negligible merit in the given situation.
T. Kalaiselvan, Advocate
(Expert) 05 May 2016
Your client is not the owner of the property. If he has paid the taxes so far it means he is occupying the property on some basis, find out the capacity by which he is residing in the property and see if the law of adverse possession may operate, if yes file a declaratory suit to declare the title by operating law of adverse possession with the help of documentary evidences namely tax receipts on his name etc.
P. Venu
(Expert) 05 May 2016
With due apologies to Learned Expert Shri Kalaiselvan, it is stated no declaration could be sought on the basis of adverse possession; it forms only a ground for defense.
