property dispute

Querist : Anonymous (Querist) 21 December 2010 This query is : Resolved
Dear sir,

My grandfather had given 50 years back one land to her daughter when she got married .Then her daughter and her husband build house on that land and they are staying over there,
But because of some family dispute my granfather want that land back.That land is still in the name of my grandfater but Electricity and water bill from last 50 years in the name of my grandfather daughter and husband name. and they are refuseing to give that land and they are telling my grandfater that they will file case against him if he will ask for that land.

could you pl tell me that whether my grandfater daughter and her husband has right on that land and house they build on the land.This land it is in village and there system run by grampanchyat.
if my grandfather file case againt them can my grandfather win the case agaist them.

regards

sushma

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Y V Vishweshwar Rao (Expert) 21 December 2010

1- The nature of ( transfer ) the property given is it as gift at the time of Marriage of daughter ? or- is it permissive possession for House construction in the name of Daughter , father & son in law ! House constructed with Joint possession !

1-A House owner is son in law

2- Who is / are in exclusive possession- since how long -

3- In whose name the property is recorded in Gramapanchayath Tax Records AS Owner .

4- Grand father is living with Daughter and son in law in the said House - if not since how long he is not in possession

These facts may help in considering the Query !

Kirti Kar Tripathi (Expert) 21 December 2010
the law is in favour of daughter. The land is in her possession for a long time. She has contracted house in said land. You say the land was presented when she got married. The possession of land was also given to her. This is valid ingredient of gift, only deed is absent. The daughter has constrictive ownership under the law. Even for the sake of argument it is presumed that your grandfather is the owner, still the principle of adverse possession goes to her favour.

Y V Vishweshwar Rao (Expert) 21 December 2010
I Agree with you Mr K K Thripathiji - but the facts/particulars of the case to be verified !

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