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property dispute

(Querist) 12 October 2008 This query is : Resolved 
A plot of land is in the name of X.His brother Y constructs a house with some flats on plot belonging to ‘X’. After Y’s death it is found that Y has willed the house in somebody else’s name without informing X.

X says that the house belongs to X and not to Y .In land records the land is in the name of X.
In local municipal records the house is in the name of Y.No checking had ever been done in that area regarding this confusion.

No financial records are available to substantiate Y’s claim that house was built from his own resources. Electicity and water connections are in the name of Y.
Some rent agreements with tenants are avl.in the name of Y.

No permission or agreement with X exists regarding permission for building of house.


Does Y’s inheritors’ have any claim. If so, what documents/case laws are required to substantiate their claim?
Rajesh Kumar (Expert) 12 October 2008
Y claim is weak. At the most he can try to recover the amount spent in construction- no way he can claim right over the land.
s (Querist) 20 October 2008
I understand that title to the property means in whose name it is finally registered, before the concerned authority.
1.Patta of the land showing Mr.X as the owner of land is avl.at the tahsildar's office.Land is ancestral.
2.Whereas at the Municipality office the bldg.is shown as belonging to Mr.Y.Municipality officials have never checked the land or bldg. physically.
3.Whose record will be taken as final.Municipality or Tehsildar's.
Adv.Shine Thomas (Expert) 20 October 2008
The owner of land is Mr.X.Then how Mr.Y got permission for building construction from the Municipal Authority?In present condition Mr.X is the owner of the Land and building.
Guest (Expert) 05 November 2008
You said in local municipal records the house is in the name of Y, It create the right of Y in the property,It might be as a tenant or else, but his will against the house is weak but valid.


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