FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Leena VM (none)     04 November 2014

Illegal possession of property

In Gujarat, My father (passed away-2010) transferred our house on my name from Grandgather's (passed away -1981) name in 1981 based on Grandfathers's WILL dated 1971. There is no dispute on the WILL's authenticity.

I have been paying property taxes since then and Title (Akarni register in gram panchayat) is in my name.

All of our family has been using the property on special occasions otherwise it stays empty.

Recently my brother has taken the possession of the property and filed a case for partition. I have been told that it does not matter what papers I have, I have to give this property since this is how it works in India and he has political connections too.

Can anyone tell me if I have any recourse other than fighting for years.


 6 Replies

Baskar Govindaraj (advocate)     04 November 2014

Very simple you may ask counter claim to delivery of possession of property in your written statement the court will decide that which claim is right

Baskar Govindaraj (advocate)     04 November 2014

Very simple you may ask counter claim to delivery of possession of property in your written statement the court will decide that which claim is right

Leena VM (none)     04 November 2014

Thank you Sir, How can I stop him from using the house until the decision comes since he can make changes.

Can court receiver work where court does not allow both of us until the decision is made?.

Is there any other way?

Anand Bali Adv. (Advocate Solicitor & Consultant)     04 November 2014

Dear Friend, It is not the scene in India as you presume, Indian Laws are considered very good and are also enforced properly by the Administration and executives on the Court Orders.

You have the property in your name in the records of the land according to the registered Will of your grand father and the record is 30 years old with the person who is entitled to have it with him as per the Law i.e. the Sub Registrar now only the possession has been taken by your brother and he has applied for the partition of the property but you have not mentioned that on which grounds he has applied for the partition is he ignoring the Will of your Grandfather which is registered with the registrar office, if so you can file the WS of the his claim and counter claim for his trespass and illegal possession on your owned land for which you are paying property tax in your name since last many years I.e 1981. You can counter claim for the his injunction and not to creating any third party interest on the property by any one. 

You are requested to please engage a good Advocate for your case as property matters are tricky matters where a person has to apply his professional skill very carefully otherwise he has to suffer at last many times in simple cases also.

Leena VM (none)     04 November 2014

Thank you Advocate Bali for your advice.

My brother is complicating things. He has filed for the partition in his son's name even though his son has nothing to do with Great grandfather's WILL (he was not even born).

My father has a open plot (where he is entitled 50%) and he is trying to prove that my father's property is my grand father's property and vice versa by paying money and contact.

T. Kalaiselvan, Advocate (Advocate)     06 November 2014

Your grandfather's proper was inherited by your father through a Will and thus it became his own property.  After that if your father had executed a gift deed or settlement deed in your favr and transferred the property to you, it becomes your own and absolute property. If he has filed a suit for partition, you have challenge it in the basis of the document conferring the title on you. Be in touch with your lawyer for further issues.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Start a New Discussion Unreplied Threads

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query