Manish (Architect) 17 February 2010

Property Possession

We have a property duly in joint name with my mother (defendant) and father's younger brother(plantiff) purchased in 1977. The whole amt for purchase and construction subsequently was paid by mother and out of my father's affection he included his brother's name in sale deed as joint owner. The prime issue was that weather the property was purchased and construced jointly and hence liable for partition & compensation? The lower court, after 5 years of trial, pronounced the judgement that since plantiff was unable to prove that he has paid any money to purchase the property and construction, hence no compensation is awarded. The court has rejected and decreed the same despite his name in sale deed on basis that compensation can be granted only when there is money paid during buying of property.

My question is that does it mean that my mother is 100% owner of property? Also how can we recover the possesion of property? Please advise.

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5 Replies

Anil Agrawal (Retired) 19 February 2010

Has your mother proved that the entire amount was paid by her out of her earning or the earning of her husband?

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Tejal (Accountant) 19 February 2010

HI my name is Tejal. we are staying at my place since from 50 year, n we are the tanents. at that time we have only two rooms n then in 1986 we purchased 2 attached rooms from our neighbour. Neighbour died after 6 months. my landlord was not transfering the name at that time. and he was also not giving us rent receipt for 5 years. Then he died and he sold our builing to some other landlord.now these new landlord has charged case on us in 2005 n from the 4 years we are fighting a case. now we are ready to transfer the name but he is demanding more amount since we are staying there from 15 years.

Manish (Architect) 19 February 2010

Hi Anil,

Thanks for response. Yes she has proved in court as this was the major isssue and based on this only court has rejected the plantiff case. PLease advise

Anil Agrawal (Retired) 19 February 2010

On what document has she proved ownership? There ought to be some documentary evidence. It court has accepted that she is the absolute owner of the property, you can challenge that decision but you must have sufficient grounds/proof to do so.

I donot how you can reclaim your share.

Manish (Architect) 22 February 2010

1. She is already owner of property (sale deed/ registry in her name).

2. Truth factor 'my mother has paid money and constructiion amount', my father has induced his name because of affection.

3. She has proved paying money as she was employed since 1975 in govt school with source of income. Plantiff was unemployed till 1980 and started working only with my father as joint faimly and business. This has been proved in court

4. Court has passed decree that plantiff has no right in property and hence his case for partition and compensation is quashed.

My understanding is that since plantiff has no right in property, my mother is bsolute owner of the property. How should be recover the possesion if so? Any advise