Deliberately misrepresented address by plaintiff

I am the owner of a property and I do not live in the property and I live somewhere else.

But still I am deemed to be in possession of the property because I am the owner of the property. 

Based on the facts given in your query, I don't think it amounts to misrepresentation. 

The property is registered on defendent' name.

If the property is registered in the name of defendant, what exactly is the dispute? 

Mr. Badal sent money from abroad in 1983 for purchase of the property, which was registered in his mother’s name only as a matter of convenience due to his inability to travel. In 2005, the mother executed a registered Will in favour of the defendant, acknowledging that the consideration was paid by him and that he was the real owner. After her death in 2021, the defendant lawfully mutated the property in his name in 2022 on the basis of the registered Will. The plaintiff, his own brother,who is neither in possession nor residing in the property, has now filed a false claim asserting ownership and possession merely because the original title stood in the mother’s name and has relied on an Aadhaar reflecting the disputed address.

This is a matter of trial.

The burden lies on the plaintiff to prove his pleadings.

As a defendant you deny his pleadings for possession and you may rely upon the ground reality to object his claim.

Later on,  during cross examination you can extract truth and nullify his claim.

If you have any document to prove that he resides in some other place, you may produce the same before court as your side evidence.

No proper opinion can be formed and obliged without perusal of relevant documents. 

The defendant can file a written statement and include a copy of the registered will. Since the property is transferred to his name, he can include those records also of the government authorities. He can also include any other documents such as property tax receipts, electricity bills, water bills etc. 

It appears that the defendant has a strong case in his favor. 

I also suggest that the defendant also file a separate suit seeking declaration that he is the rightful owner and seeking the relief of permanent injunction. He can include the original will or a copy, government records, tax receipts etc as usual. 

You may certainly raise objections about aadhaar card, address and court fee paid, but they may not be very critical. 

If you file your own suit, both the suits canvbe tried together, if you request it. You can try to file it in a superior court, if possible, depending on the pecuniary jurisdiction. 

If you are not in physical possession, you seek the relief of recovery of possession. You may have to pay a higher court fee, but it is preferable. To save the court fee, some people do not seek this relief, but it is not right. 

If you file your suit in a superior court, you can also obtain a stay on the proceedings in the lower court, whenever necessary. 

Thank you all

Other points to be considered are:

Is it a vacant plot?

Is it a building?

Who is staying there now?

Since the defendant sent the money from abroad, does he have proof of those transactions? Is there a bank statement or any other proof?

It is not necessary to disclose all the information at the beginning itself. But keep it ready for the future.

From whom did he purchase the property? How did he pay the money to the seller? Is there any proof of those monetary transactions? 

It may also be necessary to prove the registered will. A will requires a special proof. Who were the witnesses for the will? Are they alive? You may need their help to come to court and give oral evidence in your favor. 

It may also be necessary to institute a separate proceeding now to prove the will or to get PROBATE OF WILL. 

Is the plaintiff accepting or disputing the will? 

The above are some of the points to be considered. 

Dear Kihusu
Thank you very much.
It is building house.
Defendent has given to another brother to look after.
He does not have any banking transfer proof.
He is trying to get 50 yrs old record to get chain of previous owners. No proof of monetary transaction with seller.
Will is govt registered and admitted by plentiff. Another brother is official witness of will and mutation officer has mentioned witness name in his order. witness is alive and ready to be witness in court.
Plaintiff is disputing the will as he said mother can not give 100 percent property but can give 1/3rd as per mohammadan law. so he wants his share. he has no objection for 1/3rd. he wants will to be cancelled.

It may be necessary to institute a separate legal proceeding to confirm the will and get PROBATE OF WILL. Let the witnesses come and give their oral evidence. 

Since one brother wants the will to be canceled, the above proceeding may be necessary. 

The another brother staying in the building can also give evidence in his favor. 

I think aadhaar card address may not be a major factor. 

What is the Case No.? Which Court?