How to claiminherited property
venkateswarlu
(Querist) 25 August 2013
This query is : Resolved
dear sirs,
my grand father has been gifted a property 150 years back orally. and it has come to me finally. but we have not written ed any documents. now my father is no more and had a brother. what is the best way to claim. and we have been paying the property tax since then on the name of the person who gifted property in mark of respect. please in form me how proceed legally to claim .
than you
eswar
prabhakar singh
(Expert) 25 August 2013
"my grand father has been gifted a property 150 years back orally."
HOW CAN YOU PROVE IT NOW WHEN YOU STATE "we have been paying the property tax since then on the name of the person who gifted property in mark of respect." AS DOING SO CONTINUOUSLY,YOU HAVE CONTINUOUSLY ACTED AGAINST YOUR RIGHT THAT COULD HAVE VALIDLY EMERGE.
Your conduct and behaviour with respect to your possession,as records stand till now,can simply lead to prove a case of licence in any court of law,should a litigation starts unless heirs of real owners admit your claim of gift,though even then courts would hesitate in passing a decree based on oral gift as the property is still in name of owner and all taxes paid in his name.
Rajendra K Goyal
(Expert) 25 August 2013
It is very difficult to prove oral gift at this stage. Well advised by the expert prabhakar singh ji.
