Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Aravind Kumar (deisgnation)     30 January 2022

House on ancestral property

Hindu family from Bihar. My late father built a house in 2004 on his ancestral land. He took nearly 100 square feet of land from his sister-in-law (late elder brother’s wife) and exchanged it with ancestral agriculture property.

In 2006, both my father and aunt sold that agriculture land and my aunt took the monetary benefits of 100 square feet during the sell deed.

In good faith, my father never did the mutation of that 100 square feet land, nor there was any legal agreement of the exchange deal between my father and my aunt. It was all oral and mutual understanding.

My father paid municipal taxes for the entire house area.

After my father passed away, last year, when I took charge and started looking at the legal documents, I noticed that my aunt has registered the 100 square feet under the constructed house to her daughter along with her share of land in 2010.

I have not highlighted this matter to my aunt or cousin sister that I have come to know that ancestral property of 100 square feet under my house has been transferred, even after mutual/ oral agreement with my late father.

 The entire house is in my possession and except for 100 square feet the land is also registered under my name.  My aunt or sister has not made any claim.

 However, what are the legal options I have for mutation of 100 square feet under the house area, given that there was no legal agreement between my legal father and my aunt.

  1. I talk to my aunt and cousin sister and get the 100 square feet registered with me.

 

  1. Assuming that they deny option#1, what are the legal options I have. Is the law of mutation and the law of easement or any other law in my favour Do I have to approach Deputy Collector Land Revenue DCLR and appeal for mutation of 100 square feet under my house.

Please can you suggest.



Learning

 3 Replies

P. Venu (Advocate)     31 January 2022

The lagal option would be in executing a conveyance or settlement deed. However, everything depends on the response from the other party.

In the alternate, let the thing sontinue as it is. If there is any problem, law of adverse possession could be your defence.

1 Like

Aryan Raj   31 January 2022

In response to your query,

Definitely the first reasonable thing to do will b to try and talk to your aunt about the issue and solve the problem without any legal actions.

In other case if they refuse to your offer then the law of adverse possession will be in your favour, According to the Law of Adverse possession if a person continues to be in possession of a property for 12 years, they are granted ownership rights to the property under the law of adverse possession. In simple terms, if a tenant stays in a unit for 12 years without being evicted by the owner, they become the owner of the property.

Regards,

Aryan Raj 

1 Like

Aravind Kumar (deisgnation)     31 January 2022

Thanks a lot for your response. 

I understood that there is a law of adverse possession for the defense.

Just one more query - In case the other party is not agreeing for amicable settlement then can I appeal in the law of court (especially where land matters are looked upon) and appeal for mutation under the law of advers possesion 

Awaiting your response

Regards


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