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shailesh (technical associate)     05 March 2011

Lawyers please help me. Please let me know thw way out


Please find my below mentioned case-

 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.Please let us know the way to keep our title intact


I post this concern again and again on LCI.Thanks to all of you for your valuable time  but this time  please let me know the solution.


 7 Replies

Ruhi Chopra (Lawyer)     05 March 2011


Licensee can become the owner through Advrse posession.

Unless he succeeds in establishing that his possession has matured into title by reason of his adverse possession for over twelve years, he cannot prevent the other from obtaining possession, exclusive or joint, as the case may be, of the property by means of a suit. In other words, if his posession has matured into the title by adverse possession for more than twelve years, he can retain the posession by claiming adverse posession and succeed  by filing a suit.

Mr AD here can surely take the title of his half. file a suit for the adverse posession. Moreover Mr. Y was apointed as Licensor and as per the facts u have stated, it doesnot seem that he ever terminated the license during his lifetime, adverse posession can surely be claimed.

hope this helps!!


Adv. Ruhi

1 Like

Anil kumar (Payroll accountant)     05 March 2011


I have a taken the Revenue site in the remote place of bangalore and there is no registration started.

I got a GPA from the land owner but i am not able to find the value which i paid to the owner and the mother deed in GPA. I am just finding the site number allotted to me and no survey number as such.

Kindly confirm what are the steps which i needs to be taken to ensure all the formalities are safe.



Anil kumar T.M

shailesh (technical associate)     05 March 2011

Hi Ruhi,

Thanks a lot for your valuable feedback.

Is there is any other way to get title other than Relinquishment Deed.


Kindly help me

Thanks again

Ruhi Chopra (Lawyer)     05 March 2011

Hey Shailesh,

is it some  another mater you are talking about?

Anyways other than a Relinquisment Deed, you can have a Gift Deed or you can simply make a Conveyance Deed to get the title in your name if the other person is willing.



1 Like

shailesh (technical associate)     05 March 2011

Hi Ruhi

oh sorry, i was talking about that is there is any other way to get title other than adverse possession.


Please tellme


Thanks a lot for your time

Ruhi Chopra (Lawyer)     06 March 2011

i really think that claiming adverse posession will be more logical than any other aspect..

Further you can show the mutation enteries carried out by Mr. AD regarding half of his half share in property. i believe he must have given a notice or an intimation to others and then he would have carried out the enteries. It must be known to others atleast and moreover they haven't raised any question since 1998.You can show that too.

Also since he is paying all the Bills, show them as proof.

This is all what readily comes to my mind. I;ll try to think more and let u know other possibility if any to keep ur title intact.



1 Like

shailesh (technical associate)     06 March 2011

hi ruhi,

Thanks a lot for your valuable time. God Bless you.......

Also if possible please let me know your email id so that i can send u scanned documents also..Please note my email id-


Hopeful that you will think in other aspects for this case...

Thanks a lot for such a wonderfull help.

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