Property dispute
ckanta
(Querist) 13 July 2014
This query is : Resolved
Hi,
I have acquired one property by way of gift deed from my mother in year 2000 and she had acquired by way of relinquishment deed executed by me and my brother in 1991.however we are residing the property jointly since birth .even after the gift deed in my favour I have allowed my brother to live in the property as a licencee but now i have filed a case for eviction from the property but he has taken a plea that he has not executed any relinquishment deed voluntarily and no gift deed is executed and he is residing in the property since 1976 and he is claiming adverse possession in the property as he is having separate meter in his name and possession for so long.what are the prospects that he will succeed in his plea. My gift deed and Relinquishment deed are registererd docs.Is adverse possession applicable in joint family proprty.what are the conditions for the same.
Thanks in advance
T. Kalaiselvan, Advocate
(Expert) 14 July 2014
Once your brother is a party to the relinquishment deed executed jointly by him and yourself, he cannot claim title to the property by any means even by adverse possession. The subsequent gift deed made by your mother in your favor is held legally valid.
Dr J C Vashista
(Expert) 14 July 2014
The gift deed is complete and valid soon after it has been accepted by you and got registered with the Sub-Registrar.
The claim of your brother will not sustain, he had been a licencee and shall be a licencee, you can revoke the licence and evict him from your property.
The concept of adverse possession is some thing different and in-applicable in this case.
basavaraj shiromani
(Expert) 14 July 2014
When your brother is claiming property by way of adverse possession, he admits your ownership. you have filed a suit for eviction. untill and unless registered documents are not set aside by the competent court, your rights will become absolute over the property.
ajay sethi
(Expert) 14 July 2014
agree with experts
Rajendra K Goyal
(Expert) 14 July 2014
Your brother is free to claim any thing but in above given facts his success is doubtful.
Biswanath Roy
(Expert) 15 July 2014
Your brother has no title interest or right of residency in the demised property. He is residing in the property on compassionate grounds only.
Raj Kumar Makkad
(Expert) 15 July 2014
The question of accrual of any legal right qua the ownership of the demised property in favour of your brother do not arise in the light of the given facts.
