Ownership issue of land property
Mohan ranga Darapureddy
(Querist) 11 July 2017
This query is : Resolved
Here is a situation: My brother had lent around 50,000 rupees to a person in 2001. As a backup, the person had registered his land property (costs 50 lakhs as per current market price) in my brother’s name with a mutual understanding that the property shall be registered back to him when he pays the borrowed money with certain interest within certain duration (Not sure the interest rate and duration). But my only brother, who was unmarried/no other successors other than me, is passed away in 2002. So the person could not pay the money back and I believe that the land is still registered in my brother’s name. Very recently only I came to know this secret deal of my brother and the person is still occupying the property. Now can I avail the ownership of the land? I have heard that there is a law called adverse possession, which says that one, occupying a property without break more than 12 year, gets the ownership of the property. Will this adverse possession decide the ownership of this property?
Kumar Doab
(Expert) 11 July 2017
What is stated in said agreement?
Have you seen the said agreement?
Kumar Doab
(Expert) 11 July 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 11 July 2017
If Mother and Father were not alive as on date of death of deceased (their son/your brother) and If there is NO sister(s) and other brother (other than you) of deceased then you might be sole surviving ClassII ( Category II) legal heir.
Kumar Doab
(Expert) 11 July 2017
Adverse Possession:possession originating from dishonesty and foul means,
bad faith adverse possession, may not be recognized.
You may go thru:
http://www.lawyersclubindia.com/experts/Property-law-601596.asp
Mohan ranga Darapureddy
(Querist) 11 July 2017
No, I have not seen the agreement yet. Also confirming that all are Hindu
Rajendra K Goyal
(Expert) 11 July 2017
Show all related documents to local lawyer and proceed.
If you are not having copies of said registration deed, obtain certified copy from Registrar office.
Mohan ranga Darapureddy
(Querist) 11 July 2017
The person, occupying that land since his ancestors age, could not give the borrowed money back due to my brother's death after 1 year of this deal and all our relatives were untraceable to him. For me the person is totally strange and I did not involve any deal with him. So if I think logically, that person should get the ownership ultimately. But still I will be able to avail the ownership of the property legally. Does law sometimes deviate from logic?
Guest
(Expert) 12 July 2017
In order to take the plea of Adverse Possession it must be shown when the possession became "adverse". How are you going to do that??
Mere possession for more than twelve years is not enough. The possession must be open and hostile enough so that it is known by the parties interested in the property.
Kumar Doab
(Expert) 12 July 2017
Check the agreement and show it to your counsels.
P. Venu
(Expert) 12 July 2017
First of all, try to obtain a copy of the transfer deed from the SRO.
Rajendra K Goyal
(Expert) 12 July 2017
Obtain legal heir certificate, try to get the property transferred in your name. After this step can claim possession.
All steps are not easy in the given facts, have to spend time cost and obtain advises of some expert lawyer.
