Property dispute


suppose a building has two floor one is ground floor and the other is first floor. The will contains that ground floor is for one brother and 1st floor is for another brother. will also contains no sktch map about the building and no plan sanctioned for the building but the deed contains sktch map of land which is belongs to the brother who owned the ground floor. Can the brother who gets the ground floor along with land can claim that 1st floor also by reason that as the land is belong to him the whole property is also belong to him. Is it a case falls under partition case. please note that the deed is clear about the ownership of property between two brothers. The question is whether the first floor which is not attached with the land can claim the brother who gets the land and ground floor??? what is the views of law in this matter. please help to solve this.
 
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Advocate

Dear brother, there is no doubt  you are entitled 50% undivided share in land and building (first floor) and your brother can not claim apart from his share ( i.e 50% ) Sktch map attached or not that is immaterial. pl.approach the concernerned revenue authurities to mutation of revenue records in your name as per will with respect of your 50% undivided share in land and buliding ( First Floor )

 
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Retired employee.

Never misunderstand the other citizens and law makers are foolish.  The mutation in poperty, tax payment, application for electrcity, disclosing of income on such first floor or such declarations in public records, non payment of rent etc, gives adequate strength to first floor owner'\occupier and he can claim even adverse possession.

 
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Advocate

Why 'suppose'? Is it not a real issue?

 
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Thank you sir. But Mr. Prasad sir what do you mean by adverse possession. Do you mean that the first floor owner can claim the ground floor which is attached with the land.
 
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yes sir it is a real issue.
 
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Advocate

Then why 'suppose'. Anyhow, please post simple facts devoid of assuptions and presumptions and subjective personal opinions.

 
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Sorry Mr. P venue sir.Do you want to share me your any valuable opinion in this matter?? Thank you sir
 
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Retired employee.

Adverse possession is a present law that states that whoever is in possession for more than 12 years in his own name without paying a single paisa as rent, continue to pay tax and as known to all he is the possessor of that apartment, and if the land is ancestral, the FIRST GROUND OWN CAN claim adverse possession as owner.  I am not an expert to state as to whether adverse possession is proper or not as it is controversialal in many countries.   There is a case in Delhi, where a sister was given a self acquired property to a widowed brother's wife, she claimed it as own and dragged the litigation during entire life time and the court passed strictures on that issue.

 
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