Possession of residential house and land
TEJ NARAYAN RAO
(Querist) 01 January 2011
This query is : Resolved
Sometime in 1951, my father "B" and his two brothers "A" (elder) & "C" (younger) entered into an agreement with "D" wherein "D" gave a plot of residential land "E" located in village (Deoria, UP) to "A,B&C" jointly in return of another one. The agreement is duly registered in a law court, but the same has been kept by my cousins (C’s sons), who is not showing the same to us or anybodyelse with bad intentions. The residential plot “E” has been divided in three parts and we are occupying two-thirds (A’s and B’s share) since 1985 (after separation). There is still a separation / partition wall inside the house constructed in the year 1965 at a portion of “E” and the remaining area is open, which is also divided into three parts and two-thirds has been in our possession till now.
“A” was unmarried and handicapped. He had made a will in 2003 in favour of B’s sons (who took care of him in his old age from 1985 to 2010). On his death on 25.08.10 at the age of about 95 years at Ghaziabad, my cousins (C’s sons), hiding facts of the will, which was known to them unofficially, gave information to the revenue officials and got the whole of immovable property transferred in favour of both surviving families in revenue records. On submission of will and death certificate issued by Nagar Nigam, Ghaziabad by us, the order of revenue officials was stayed and further proceedings for transfer of properties of “A” in favour of B’s sons (legatees) are going on.
At this point of time, my cousins (C’s sons) have started making efforts to take possession of the open area lying in front of the house possessed by us. It is hearsay that some 10-12 years back, “C” had purchased the whole residential plot “E” from “X” who is related to “D”. We have requested local police to maintain status quo, but SHO is saying that A’s property should either be used by both or by none. On our application made in this regard, SDM has observed that if the applicant had been in possession of the plot earlier, status quo be maintained and action for trespass be taken against the opposite party. Local police has not taken any action so far.
I am trying to get a copy of the agreement executed in 1951 from Govt. records.
My query is:
1. Two-thirds share of “E” has been under our peaceful possession as an ancestral house. House is still under our possession and our household things are kept inside. Open area has been unauthorizedly possessed by my cousins as of now and we are facing difficulty in going inside our house. What is the remedy available to me to ensure that status quo is maintained till final decision on my request already made for transfer of A’s property in favour of legatees.
2. Further, as per Section 104 of Indian Succession Act, 1925, do not we have got our vested interest in the legacy from the day of death of “A” which local police does not understand due to pressure from local people / opposite party.”
3. Cannot we file a case against my cousins for having committed forgery of hiding facts (might be unintentionally on records at the time of applying for succession, which now proves their ill-intention to take possession of A’s property by way of forged documents and / or not allowing us to continue to use the two-thirds share in A’s property.
4. Is there any rule like “adverse possession” applicable in my case and how should I take recourse of that rule, i.e. whether the action should be initiated by us.
5. Should we remove the illegal possession by facing consequences whatsoever since SDM’s order is favourable but police has not taken any action so far.
6. Can my cousin get possession of my house and land now and dispossess me of my house and land.
Please help me out by your expert advice at the earliest convenience. For the sake of brevity I had not mentioned the whole facts earlier in my query dated 30.12.10.
Thanks in advance.
TN Rao
Ghaziabad
A PSU employee
TEJ NARAYAN RAO
(Querist) 06 January 2011
my above query is still awaiting experts' considered views. please help and oblige.
