Legal title
varma
(Querist) 20 December 2011
This query is : Resolved
1)'A'(vendee) is denying Title of 'B'(vendor) & asking refund of his earnest money on basis of stating that 'B' had only Registered Gift Deed in her name from year 2008 & who had given given gift i.e her husband did not have any Title document in his name& Actually the owner of that property is 'C'.Hence 'B ' had no right title which comes under breach of contract(sale agreement)
1Q)In this situation whether 'B' can defend her case by saying that 'B' is owner with possession as per Gift registered and in alternative 'B' also perfects her Title by way of adverse possession for last 12 years who is openly,uninterruptedly & exclusive possession(both possession of 'B' & her husband) & so there is no breach of contract & hence no refund of earnest money
NOTE:'A' did not made 'C'(true owner) has one of the party in the above case as he does not know where he & his legal heirs are living.But he just mention True owner name in this case & there is no chance of making True owner has party in this case.
Note:'B' husband has proof for possession uninterreptedly for last 12 years i.e he develped that land & boundary wall also constructed & he started growing buffaloes in that from year 1996 to year 2008 with out dispute on that property.
2Q)PLZ tell strong defence arguments to file written statements in court for gainning of case in favour of 'B'
3Q)Also tell how both plea i.e owner ship of 'B' through registeed Gift deed & perfected her Title by way of adverse possession because of 'B' husband enjoyed that property can be plead in single written statement.PLZ advice
Raj Kumar Makkad
(Expert) 20 December 2011
There is no use to repeat facts one, two or hundred times as you have done in your entire query.
A seller cannot provide a better right to buyer. B has a gift deed in her favour but donor had no title over the property necessary to make the gift in favour of his wife B.
Mere long possession over a property ipso facto do not give a valid title in favour of encroacher rather he has to file a suit for declaration seeking his ownership by way of adverse possession hostile to the true owner. If civil court has not declared such person as owner to the mentioned property, he cannot claim himself as owner to that property and thsu is not within his rights to gift it in favour of third person.
In the given case, it shall be better for you to make compromise with the vendee with some reduced amount as there is no legal ground in your favour.
prabhakar singh
(Expert) 21 December 2011
First of all "B"the wife has not perfected any title by adverse possession as she is claiming right and title by a gift deed.Her Gift could be valid against any third party claim only when her donor had a perfect title.As you state the Donor is her husband.Then husband must have a title.You state his title by adverse possession.But in fact he has been in possession for period sufficient to oust a title of owner.But then where is the third element that such a possession must be hostile in the knowledge of the real owner who you tell is "c".
Then how "B's"donor can now prove adverse title against "c"as he is not interfering nor he is seeking any dispossession of donor of "B" or that of "B".If gift deed it self has completed 12 years then it is a different matter.The title of "B"shall be hostile against every claim.
