Inheritance property
cbbhatia
(Querist) 18 July 2012
This query is : Resolved
Dear Sir,
I am housewife from Mumbai, and living in my inheritance property since my birth (DOB 20.06.1961), which belongs to my father’s name. My father expired in the year 2005 without making the will. My husband and myself are staying in this house after my marriage. We are six sisters and all are married in different territory.
Due to major dispute between Forest Department and Land owners, Supreme Court is yet to decide argument over status of their Land and hence Municipal Corporation is powerless to transfer the title of the property. My question is that:-
1 Can I claim ownership of property as an adverse possession, as I have used this property from my childhood and have openly occupy the property exclusively as a co-owner and paying property tax, electricity bill, water bills etc to respective dept after my father’s death, and also done major expenses to maintained it.
2 What are than my legal rights for this property in future?
3 Can I am solely entitled as a owner for this property, or,
4 Can my sisters can claim for this property and what are their rights and limitations regarding the property?
5 What precautions should I take if my sisters force me to sell the property for their monetary settlement?
6 Can I have legal rights to refuse them for any type of obstructions in this matter?
I would be highly obliged for your valuable suggestions and respond for each query step by step to clarify my doubts to take early decision, before the issue becomes complicated
Name: Withheld
Anirudh
(Expert) 18 July 2012
Please note you are not in adverse possession. Therefore you cannot claim any such benefit.
After the demise of your father, all his legal heirs i.e. all his six daughters are entitled to inherit in equal share. That right of your sisters cannot be denied at any point of time.
Therefore, you can never claim full ownership of the property to the exclusion of your other five sisters. Your living in the said property right from your birth, your paying property tax, electricity bill etc., etc., will be of no help to you.
Raj Kumar Makkad
(Expert) 18 July 2012
1. A co-sharer can never claim adverse possession as the possession of even a single co-sharer is on behalf of all other.
2. You are owner of 1/6th share in that property as on today.
3. No.
4. Yes. They all have individually equal share as you individually have and this can be claimed at any time as there is no such limitation. You should thank them they have allowed you to reside in their share till today.
5. You should persuade your sisters and should pacify them by providing lesser amount than market value and should got registered family settlement accordingly.
6. No. You have no preferential legal right against your sisters as they are also similar daughters of your father in whose inheritance is being used by you uninterruptedly by you.
It is not good to make the relationship with sisters bitter just for your greed. If you in good sense demand the ownership of house from them, they may consider but the intesnion of you do not seem good,
