Possession vs ownership
srm261001
(Querist) 20 October 2016
This query is : Resolved
"Namaste Sir"
my self Bitan Arya D/O Sri Ram, living in Sitapur (UP), i need your help, i have some dispute details are
1) Me and my brother Mr. Netram two child of my parent Mr. Sri Ram & Mrs. Chameli Devi born in small village near sitapur distt., at my early age (5 yr) my father expired, my brother n my mother after my studied married with Mr. Ram Kumar.
2) My Husband is private Driver(Tampo/Auto) in lucknow, after marriage we struggled to settle our life, in between i have 3 kids...due to poor economic condition not possible to live in lucknow, so my brother (Netram) suggest, you shifted in Sitapur with family, so i returned back in Sitapur in 1990
3) My brother purchase a land (560.Sq Ft) in Sitapur (Only with NOTARY PAPERS IN 1990) from our parental income/Cash/ or property, and with the suggestion of my mother n brother i possessed/constructed that land in year 1990 with Me , my Husband and My 3 child.
4) After the year 1990 to 2016, i fully constructed on that land with Two Floors, All amount in construction paid by my Husband, my bother never object of that, in between my mother expired.
5) Mr brother (Netram) have no any child but he adopted chirl child in approx year of 98/99
6) in year 2012 lands come in municipality area, and fix a house tax receipt with my brothers name (Netram)
7) All construction Bill, My rasan card, Nirvachan card, DL, my kids all government documents, electricity bill, gas bill, rasan card, voter id related to that land
PROBLEM_ NOW MY BROTHER WANT THIS LAND BACK FROM ME..........SIR MAI KYA KARU...AB MAI APNE BACHCHO KO LEKAR KAHAN JAU....MAI TO AB KAHI KI NAHI RAHI...
ab wo dhamki deta hai....gunde bhej dunga jameen khali karo....ye jameen meri hai
Kumar Doab
(Expert) 20 October 2016
Apparently it is agriculture land.
You are a married daughter.
Sale deed on Notary Papers may not be valid.
Many other factors may count.
You have clarified; 'in year 2012 lands come in municipality area, and fix a house tax receipt with my brothers name (Netram)'.
You have not clarified on whose name are other docs; '7) All construction Bill, My rasan card, Nirvachan card, DL, my kids all government documents, electricity bill, gas bill, rasan card, voter id related to that land'
Moreover these docs may not confer title.
Hope you have proof of investment on this land by you?
Confirm!
srm261001
(Querist) 20 October 2016
Thanks a lot Sir....
Firstly it's residential land and comes under municipality
Secondly in year 2012 house Tax receipt fix with my brothers name
Thirdly all constructions of that land currently 2 floor furnished was made by my husband all amount related that spend by my husband.
Forthly all government documents like lasan card electric bill voterids aadhars bank passbooks every documents of my husband and me and my child's are related to that land in favour of me. No any documents related to my brother except house Tax receipt and notary Paper.
Finally I lived and possessing that land since 1990.
Sir please suggestion.
1. May my brother take returned back of this house and land he have any right of that
Rajendra K Goyal
(Expert) 20 October 2016
If your brother has not registered sale deed in his favor, his title is not clear and marketable.
Legally you do not have any legal claim on the land.
Try to have amicable settlement and get the matter finished within family otherwise so many factors may arise.
Rajendra K Goyal
(Expert) 20 October 2016
The land was agriculture, the record must be with the revenue authority. Confirm who is the actual owner of the property. If the person is alive, and if possible get the land registered now.
Though he would agree easily is doubtful.
Kuummaar AS
(Expert) 20 October 2016
srm261001,
YOU HAVE SAID INTER ALIA AS FOLLOWS:
"My brother purchase a land (560.Sq Ft) in Sitapur (Only with NOTARY PAPERS IN 1990) from our parental income/Cash/ or property,..."
"...i possessed/constructed that land in year 1990 with Me , my Husband and My 3 child."
"4) After the year 1990 to 2016, i fully constructed on that land with Two Floors, All amount in construction paid by my Husband, my bother never object of that, in between my mother expired."
ARE THERE PROOFS THAT
1. your brother purchased land with parental income/Cash;
2. for construction of Two Floors, the whole cost was borne by your Husband?
srm261001
(Querist) 20 October 2016
Sir....once again thanks a lot for that I relay thankful
1. No any proof of that this land purchase of parental income but in year 1990 he was unemployed n my mother open a provision store in a Home she earned from that Shop. But no any document evidence of that
2. The constructions cost of house was fully invested by my husband and necessary documents like building material bills all like that are with us all aadhars Rasan voter id's with my n my husband with us.
3. My brother have 2 documents a-in registerd notary and b-a house Tax receipt from 2012
Kumar Doab
(Expert) 20 October 2016
It is believed that you are Hindu.
Confirm!
It can also be construed that you have already consulted.
If you have then you should frankly post what is the opinion of your own counsel that has examined all docs,inputs from you.
Is this counsel well versed with local laws also!
>>> "parental income/Cash/ or property"; Parental income from which parental estate/property or Joint Family/HUF etc?
If your father and family are Hindu then; the inheritance is to be examined from the perspective of Hindu Succession Act.
>>> "in year 2012 lands come in municipality area, "
From this it is guessed that you have consulted.
Apparently the land is under purview of ;
UP Zamindari Abolition and Land Reforms Act (Zamindari Abolition Act)
Till the agricultural land is not declared non agricultural land under section 143 of UPZA AND LR ACT, it remains the agricultural land and in such case it is governed by the provisions of Section 171 of UPZA AND LR ACT.
If it is under municipality area then the treatment may change.
>>> "all government documents like lasan card electric bill voterids aadhars bank passbooks every documents of my husband and me and my child's are related to that land in favour of me."
You seem to claim that you were in peaceful possession.
>>> "No any documents related to my brother except house Tax receipt and notary Paper."
You seem to claim that your brother has paid the consideration and has a receipt.
However the sale deed is not registered.
Question arises on the day the receipt was signed what was the nature of land on the said date?
Could it be sold by seller and purchased by buyer on said date?
Lot of issues are involved.
You may better share the views of your own counsel and also consult a local counsel, well versed with such matter and local laws.
It is felt that in UP revenue official and courts deal with such matters.
Kumar Doab
(Expert) 20 October 2016
You may go thru:
http://www.lawyersclubindia.com/forum/Married-daughter-rights-in-father-ancestral-agri-property-108106.asp
srm261001
(Querist) 20 October 2016
Thanks a lot to u and your club member happy Diwali to all of u
Rajendra K Goyal
(Expert) 20 October 2016
You are welcome.
Both documents, your `brother is having does not prove the title / ownership legally.
Kumar Doab
(Expert) 20 October 2016
You are welcome.
Consult with all docs ,inputs with your local counsel.
Some possibilities may come out.
Kumar Doab
(Expert) 19 December 2016
Posted again at:
http://www.lawyersclubindia.com/experts/House-poseession--626276.asp
Kumar Doab
(Expert) 19 December 2016
LCI senior expert Mr. Prabhakar Singh is from UP and can help you.
Rajendra K Goyal
(Expert) 19 December 2016
Why to repeat?
If not satisfied with the replies in this section, should contact local lawyer for detailed discussion / guidance.
Kuummaar AS
(Expert) 20 December 2016
Rajendra K Goyal Ji,
Heartiest congratulations on attaining number one position in the Hall of Fame.
Kumar Doab
(Expert) 20 December 2016
Heartiest Congratulations Mr. Rajendra K Goyal.
May you attain and achieve even more in all spheres of life.
Rajendra K Goyal
(Expert) 20 December 2016
Respected expert Kumar AS and Kumar Doab ji,
Thanks for the complements.
Cooperation of experts is more precious for me.
Kumar Doab
(Expert) 20 December 2016
True Mr. Goyal, The experience at LCI and any such forum becomes enriching with gentle, knowledgeable, and co-operating fellow experts.
Kuummaar AS
(Expert) 20 December 2016
Thanks Goyal Ji. May you soar to newer heights day by day?
