Adverse possesion of property
padmanabha guptha
(Querist) 06 December 2014
This query is : Resolved
Sir,
My father property has been divded and distributed through partition deed between me,three brothers and my mother during 1970
And in partiton deed, it is mentioned that, the portion belongs to my mother should be divided among we four brothers.
After that, she expressed orally to handover the the property to my elder brother. For which all brothers agreed orally. My mother demised. My elder brother sold her property to me before transferring the asset to in his name. No document created in this regard. I am looking after the property. I am paying the tax and utilizing the rent received. No body is objecting for this. Subsequently, mY elder brother and another brother also demised.
I want my property to be transferred into my name from my mother's name. My brothers have sons and daughters. All are not in the place where asset is situated. I cannot convince them to visit the palce as per oral agreement to get the asset transferred to my name. Also, none of them have expressed any interest about the asset. I want to initiate legal procedure for taking the assent into my possession by records.
I requset the experts to advise me in this regard.
ajay sethi
(Expert) 06 December 2014
1) on your mother demise her 1/5th share in property would devolve . among all 4 sons .
2) it is your case that it was agreed that property would be transferred in name of elder brother on mother demise as per her last wishes . but no will was executed by mother to that effect .
3) similarly in respect sale of mother share to you there is no sale deed executed .
4) you have not furnished details how mother share in property was transferred in name of elder brother .
5) was relinquishment deed executed by other brothers .
6) on your brother demise his share would devolve on his legal heirs .
7) it is advisable to contact local lawyer
8) for transfer of said property in your name gift deed / sale deed would have to be executed in your name by the legal heirs
Advocate M.Bhadra
(Expert) 06 December 2014
Your possession is not adverse possession on the co-owner property. So,you can not claim adverse possession over the property of co-sharer. You have to obtain title by a registered deed
Supreme Court observed:
"Adverse possession" means hostile possession, that is, a possession which in expressly in denial of the title of the true owner. (See:/ Gaya Parshad Dikshit Vs. Nirmal Chander and another (AIR 1984 SC 930). The denial of title of the true owner is a sign of adverse possession. In Ezaz Ali Vs. Special Manager, Court of Wards (AIR 1935 PC 53).
Rajendra K Goyal
(Expert) 06 December 2014
Consult a local lawyer and show him all the documents.
T. Kalaiselvan, Advocate
(Expert) 08 December 2014
All the arrangements about your mother's share of property was only oral and nothing being held as documentary proof. Therefore the transaction now you intend to do will require consent by all the legal heirs including the legal heirs of the deceased legal heir for proper legal action to be completed in this regard. Take the help of a local lawyer and proceed.
malipeddi jaggarao
(Expert) 09 December 2014
If you wish to initiate legal process for ownership of that piece of property,you have to adhere to the advice of experts above. Or continue the statuesque with running risk. That all depends upon the commitment of legal heirs towards oral family adjustment and also the value of that piece of property.
T. Kalaiselvan, Advocate
(Expert) 10 December 2014
Further to my earlier reply, I would like to suggest you to go ahead with the partition suit making all the legal heirs as defendants by sending a pre-suit notice to all of them to their last known addresses, secure the undelivered notices and mark them as documents in the proposed suit, it may be helpful to get an exparte order against those people who were not served with the suit summons, continue with suit further and get it disposed according to law. Your lawyer may be able to suggest you with more novel and innovative ideas during the trial of the proceedings, be in touch with your lawyer for all further assistance.
