Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sriharsha (manager)     07 January 2011

Ownership of Property

Dear Forum Members,

I request with you all to provide me some clarification on the possession of property.

My grandmother purchased the property (house) back in 1960's from the landlord, then. All 7 children (4 sons and 3 daughters) lived there and moved to different places because of their job commitments and marriages. My grandfather passed away in 1995 and my grandmother was living alone for some time. In 1998 my last uncle (yongest son of my grand parents) took job transfer and moved to his home town and started living with my grandmother.

My grandmother passed away in 2002 and since then my last uncle is living with his wife and daughter. Now because of some misunderstanding between my last unlce and first uncle there is discussion within the family for ownership of the house. My grand mother has not made any WILL  to any of the children's name and the katha of the house is still in my grandmothers name. It has not been transfered to any children because everything was fine.

My elder uncle had informed my younger uncle to vacate the house with in 3 months as it is not his sole property and all 7 children are having equal right on the property. My younger uncle is threatning the family members that he will give police compliant and move to court as he is paying the property tax for last 8 years, he is claiming it is his property.

Now the property is with in 50 meters to the world famous temple. As there is chance of the temple coming under World Heritage site, sale or purchase or registration of property with in 100 meters surrounding the temple is prohibited.

3 of the family members wants to convert the house into a guest house and provide access to all seven families. Any family member can visit the house anytime he wishes and stay there for relaxation or holidaying purpose and no one should keep possession permanently.

My Questions are:

  1. As the the house dosen't belong to any of the children, is that all children possess equal right on the property?
  2. Can my last uncle retain possession by giving compliant to police and approching the court?
  3. If every family members agree, can we make katha of the house to any one of the family member (from my grand mothers name to X)?
  4. If the house will be notified for World Heritage Site, can all the family members claim compensation?

I would really appreciate your valuable thoughts on this regard.

Thanks, Harsha.



Learning

 1 Replies

niranjan (civil practice)     07 January 2011

1.yes.

2.yes.

3.yes

4.yes.

If he files suit,you may file counterclaim that  it is property of joint possefssion and he cannot prevent others from using it.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading