Adverse possession
Querist :
Anonymous
(Querist) 10 February 2020
This query is : Resolved
Brief : My Grand Father had two brothers, and all those three brothers purchased three plots ( 200 yards each plot ) in HUDA on the name of A, B and C, but later on one brother ( C ) moved somewhere else and these three plots were divided by two brothers A and B with the verbal mutual consent of all three brothers A, B and C. No written evidence was drafted.
Now A, B and C are not alive.
Legal Heirs of A ( X,Y and Z ) had been residing in 300 yards plot for more than 50 years.
Please Send Your Advice On my email too : navuttamgrover@gmail.com
Few years back around 2008, A's legal heirs X & Y released their share to Z through release deed.
Problem : Is that out of the present 300 yards only 100 yards plot is on A's name, and rest of the 200 yards plot is on C's name in the record of HUDA.
C had died around 20 years back and no legal heir of C has asked or claimed about this 200 yards plot for last 50 years.
Now A's legal heir Z has 12 years old release deed and possess alone the 300 yards plot and wants to register the 200 yards plot ( Still on C's Name ) on his name
1.) Z does not trust legal heirs of C at all.
2.) Z does not want to disclose to the legal heirs of C that the property is still on C's name.
3.) Z is an honest man and who believes that the property is his, but Z has no evidence of separation between A, B, and C, had divided the property with mutual consent.
4.) Z possesses some evidences which contain this address ( Marriage Cards, Electricity Bills, Telephone Bills, Water Bills, House Tax Bills, Municipal Committee Record ).
5.) What should Z do now to transfer the 200 yards plot on his name ?
6.) If Z approaches the court, then what will happen.
Please Tell Me How To Proceed Further To Transfer This 200 yards plot in favour Of Z.
Raj Kumar Makkad
(Expert) 11 February 2020
It seems that you are missing the fact that A, B and C were owners in possession of plots of 200 Sq. Yards each. If that be then how the share of A has reduced from 200 Sq. Yards to 100 and how entire share of C has come in the share of A;s legal heirs as the plot of C had been divided equally ( though without any document) by A & C so after demise of A, his legal heirs ( X, Y and Z) might have been in the possession of 300 Sq. Yards out of which 200 Sq. Yards might be in the name of their deceased father A.
Clarfy this fact first and then obtain further reply.
Raj Kumar Makkad
(Expert) 11 February 2020
It seems that you are missing the fact that A, B and C were owners in possession of plots of 200 Sq. Yards each. If that be then how the share of A has reduced from 200 Sq. Yards to 100 and how entire share of C has come in the share of A;s legal heirs as the plot of C had been divided equally ( though without any document) by A & C so after demise of A, his legal heirs ( X, Y and Z) might have been in the possession of 300 Sq. Yards out of which 200 Sq. Yards might be in the name of their deceased father A.
Clarfy this fact first and then obtain further reply.
Raj Kumar Makkad
(Expert) 11 February 2020
It seems that you are missing the fact that A, B and C were owners in possession of plots of 200 Sq. Yards each. If that be then how the share of A has reduced from 200 Sq. Yards to 100 and how entire share of C has come in the share of A;s legal heirs as the plot of C had been divided equally ( though without any document) by A & C so after demise of A, his legal heirs ( X, Y and Z) might have been in the possession of 300 Sq. Yards out of which 200 Sq. Yards might be in the name of their deceased father A.
Clarfy this fact first and then obtain further reply.
Querist :
Anonymous
(Querist) 11 February 2020
Sir, Can I Call, If You Allow Me.
Regards
Querist :
Anonymous
(Querist) 11 February 2020
Sir, Can I Call, If You Allow Me. Plet Me Know The Time According To Your Convenience.
Regards
Raj Kumar Makkad
(Expert) 11 February 2020
Yes, You can call me as and when you require.
Dr J C Vashista
(Expert) 12 February 2020
There is some link and vital information missing / concealed for forming proper opinion and oblige.
It is advisable to consult a local prudent lawyer with relevant records for analyses, professional guidance and necessary proceeding.
P. Venu
(Expert) 13 February 2020
Yes, the facts, as posted, lacks clarity.
T. Kalaiselvan, Advocate
(Expert) 21 February 2020
Z is one of the legal heirs of the deceased A, hence he is entitled to one share out of the share of property of A only.
His desire to annex or encroach or grab the share of 200 yards of property that belongs to C or his legal heirs is nothing but an illegal act..
The law of adverse possession will not operate in this situation.
If the legal heirs claim their hare in the property at a later date then the court verdict shall be in their favor only.
Do not take any decision in haste instead you can talk to those people and get into an amicable settlement
