shailesh (technical associate) 04 March 2011

Land Dispute- How to get title

Please help me-
1. Mr X purchased a land in 1952 in Delhi.Mr. X is have 2 sons and 2 Daughters I.e. Elder Son A Younger Son B Elder Daughter A Younger Daughter B
2. Before 1965 Mr X was living with Younger Son B.
3. In 1965, Elder Son A came to Delhi because he was suffering from Cancer. He was having 2 Legal Heirs i.e. Elder Daughter AD and Elder Son AS. Elder Son A Started Living in the 1/3 of the Property
4. In 1967, Mr. X done a Registered Will in the Name of his Wife Mrs Y. in WILL, he stated that after my death the whole property will belong to her and if she wants she can give the Property to Legal Heirs
5. In 1968, Elder Son A died as he as suffering from Cancer and Mrs Y(Wife of Mr X and) died.
6. In 1969, Mr. X done a another Registered Will invoking the Previous WILL which States that A. Whole Property Owner is Younger Son B B. Legal Heirs and Wife of late Elder Son A will be living as License in 1/3 of Possession and Can be Evicted anytime by younger Son B. Younger Son B was treated as Licensor and Owner in WILL
7. In 1971, Mr. X died. Legal Heirs of Elder Son A i.e. Mr AD has taken the possession(Started Living) in 1/2 of the property. Then There was Oral Family Settlement that Property is divided into Equal Part between Mr. AD and Mr. X . No Written Document was made.
8. In 1977, Elder Daughter A and Younger Daughter B(Other 2 Legal Heirs of Mr X) done a Registered Relinquishment Deed in the name of Mr AD and Younger Son B giving there Whole Ownership Equally To Them.
9. Younger Son B is having 4 Legal Heirs (Elder Daughter BD1, Elder Daughter BD2 , Elder Son BS1, Elder Son BS2) 10. In 1994, Younger Son B died.
11. In 1997, Legal Heirs and Wife of Younger Son B has done there Own Relinquishment Deed giving the property half/half to Elder Son BS1, Elder Son BS2 and also stated that they are having the possession of the Property. But they are actually having possession of half of the Property
12. Sons of Younger Son B are not having any Source of Income so they want to have this property in any way
13. Mr. AD has done the Mutation of Half Property in his name since 1998 and paying the Electricity, Property Bills from Many Years.
14. Also Mr. AD has Revamped(Re-Structure) the home in his Half around 2002.

Can anybody help me about Mr. AD can take Title of His Half and What is possibility of wining the Title? Please help us as we are really feeling alone

Can License become Owner through Adverse Possession.
Please help us.

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2 Replies

sanjay kumar (BE/ LLM in Corporate Laws) 04 March 2011

Let us put your case this way :-

There was father who had two sons(lets not bring in his daughters here).He made a will and transferred all his property in the name of his wife. The elder son was sufering from Cancer and he died. His mother also died. So the father made another will and transferred all the property in the name of younger son. He did not give any share to the widow and children of his elder son but gave them permssion to live in 1/3rd of the property till the younger son desired. Later-on, by a verbal arrangement, the property was divided equally between the son of the elder son and the father. Later on, the two daughters of the father also relinquised their right in the favour of their nephew(as legal hier of their elder brother) and their second brother. This act of the sisters may be construed that there was indeed an agreement that the property will be divided equally between the nephew and his grand-father.Now...your Mr.AD has done nothing wrong if he has got the property mutated in his name because he was acting on what had been agreed within the family. The relinquishment of his aunts in favour of him proves his inncocence. Further, this arrangement is going on since 1971 and you have not raised any objection to it. I am afraid that the case is also not barred by limitation. Further, the sole intention of raising the dispute is the fact that the legal heirs of the younger son do not have any income and they somehow want to get hold of this property for their survival.

A bad case. But done lose your heart. Consult a good lawyer and show him whatever documents you have and see if there is a way out.