Ancestral property

D.G. Mohan (Querist) 28 February 2012 This query is : Resolved
One property is in name of my father who is no more. We are 7 brothers and 3 sisters. One of my brother is residing in that house for over 50 years and khata is in his name only.
Their contention is : Since I have paid the muncipal tax for more than 50 years, this house is my property and no one has any right on this property.
Please answer whether he is right and how to proceed for claim on that house.

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Raj Kumar Makkad (Expert) 28 February 2012
The claim of your brother is illegal. No one can become owner of a property by regularly paying the municipal taxes.

I personally can pay municiap taxes of PM house (if any tax is imposed there) till next 60 years, can I become its owner? The answer is no. The same formula is applicable in your case.

Your brother paid tax because he was availing the facility of residing there regularly but this situation do not make him owner of the property.

He is owner to the extent of only 1/10 share and 9/10 belongs to you brothers and sisters (I presume your mother has also expired).

File a civil suit for partition and possession.

Adv.R.P.Chugh (Expert) 28 February 2012
Concurring with views of Makkad Sir, nobody can by paying municipal tax become the sole owner - he as a co-owner was holding the property in trust for everybody else.

Infact he can be made to account for profits accrued to him by the use of this property (if any)

R.K Nanda (Expert) 28 February 2012
you each have 1/10 share in the said property and to get that share you will have to file suit for partition in civil court .

R.K.NANDA-ADVOCATE