Property dispute
ckanta
(Querist) 31 January 2015
This query is : Resolved
I have acquired one property by way of registered gift deed from my mother in year 2000 and she had acquired the property by way of registered relinquishment deed executed by me and my brother in 1991 and that property was acquired by my father from L&Doffc. In year 1960 and he has died intestate in year 1990 and in 1991, 2 brothers and one sister relinquished their right in favour of our mother. however me and my younger brother along with our family are residing the property jointly since long .The elder brother who is not residing in the property has filed suit for partition and possession against me and my younger brother and claiming 1/5 share on the basis of Mutation carried out in the name of him and me in L&D records as property stands 4/5 in my name and 1/5 in name of my elder brother. My younger brother has taken plea of adverse possesion in his defence and also challenge the validity of RD and GD and burden is on me to prove the same. I have already examined witness and Sub registrar in my evidence now when my defence evidence (d-1) is about to close he(def-2) has moved an application for amendment of relief clause of his WS under order 6 rule 16 and prayed that Relinquishment deed and Gift deed is declared void and illegal and he is supposed to be declared as owner of the share in his possession on the basis of adverse possession. Can he amend his pleadings after the commencement of trial and he is claiming declaration of ownership by way of adverse possession and also claimed to declare his share in remaining property as one of the legal heir. what are the prospects that he will succeed in his plea. Would he be succeded to amend the pleadings. As in this way he is trying to change the nature of the suit.and trying to get declaration without filing any suit and My gift deed and Relinquishment deed are registererd docs.he has not filed any suit to challenge my registered docs. Is adverse possession applicable in joint family property I have allowed my brother to live in the property as a licencee after Gift deed also but now i have also filed a separate case for eviction against him 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.
Sir please tell whether Adverse possession is applicable here and whether Def no 2 can crossexamine defendant no 1 witness as defendant no 2 has said that he has not executed any Relinquished deed and no Gift deed has executed thereafter. Defendant no 2 has moved an appliaction to seek permission to cross examine defendant number 1 witness. Is it allowable.
Thanks
ajay sethi
(Expert) 31 January 2015
1) amendment of pleadings after trail has started may not be allowed by court . you have already examined 2 witnesses . amendment is sought to be made at belated stage and you should oppose application for amendment as it would change nature of the suit
2) once relinquishment deed has been executed by your brother in favour of your mother for his share in property he does no t have any right in the said property
3) once your mother has executed registered gift deed in your favour you are absolute owner of the property .
4) it is better you arrive at an amicable settlement with your brother
Rajendra K Goyal
(Expert) 31 January 2015
Court may not allow amendment at this stage.
Consult a local lawyer and show him all the documents.
T. Kalaiselvan, Advocate
(Expert) 01 February 2015
Any amendment at this stage will be to fill up the lacuna further as the trial is in progress, the proposed amendment may change the nature of the suit hence not permissible. You may take this plea to counter his application seeking amendment. Rest of the issues have been elaborately explained by the above experts, I agree with them.
ckanta
(Querist) 08 February 2015
Sir please tell whether Adverse possession is applicable here and whether Def no 2 can crossexamine defendant no 1 witness as defendant no 2 has said that he has not executed any Relinquished deed and no Gift deed has executed thereafter. Defendant no 2 has moved an appliaction to seek permission to cross examine defendant number 1 witness. Is it allowable
