Civil Procedure Code (CPC)

Property registered in name of minor son


I have bought a land with my money but registered in name of my minor son. Is it possible to claim it in my name again? If yes, How? I have possession of land for more than 12 years without any interruption.
 
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Advocate

What is the reason the property been bought in the name of minor? What his age now?  you need to obtain court’s prior permission  for which better to consult a local lawyer and seeking advise and act accordingly


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I have bought two properties side by side at that time one in the name of minor son and one in name of my wife. He is only male child. So, I bought in name of him and I have no contact with him for more than 20 years. He lives separately and don't take care of me and family. He is 55 years old now.

 
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Advocate

Then very difficult to get back. You can complaint against him under senior citizens maintenance act and file case against them too 

 
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Sir, the act of adverse possession doesn't apply here beacuse he is not here for more than 12 years but we are residing here from the start. 

 
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Retired employee.

I am not a professional advocate and  I have a certain vague knowledge that in such cases, the senior citizen father can get back the property by making an application to District Collector for such orders as the son in whose name the property was kept as minor and not caring for looking to the welfare of the old parents since decades,  and in view of the dire necessity, for suitable directions to the son for delivering the property through relinquishment, etc.  Contact local advocates for more details on such amended and latest rules for the protection of senior citizens.

You can expect precise guidance on this issue from other professional experts as I am just a common man..

When a tenant is a relative and said to be residing the presumption is that the father is living with the permission of the real owner and hence adverse possession does not arise., as municipal records, tax paid receipts, other revenue records disclose the name of your son as the original owner


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Advocate

At least by way of such complaint he may come forward for any talk.
Are you retired from any Govt or pvt service. . 

 
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No, we don't want to make contact with him. Just wanted to apply the act of Adverse Possession if it's only legal way to register in the name of mine. I had a business and am retired now. Can you suggest if it is possible because we have Possession for more than 12 years

 

 
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Retired employee.

None of the experts advised you to contact your son.  Though you have income, there should be some person to look after your health and other needs.  Please search n 'Google" for essentials of claiming adverse possession and where do you stand as per law.   The litigation takes a minimum of a decade as adverse possession has to be declared through court.  

Life is uncertain.  When the law has granted some measures and granted concessions to all senior citizens without legal expenses there should be some attempt to get a legally valid title for further transfer.

When you are in physical possession of the house with all such revenue records in your name, there s no such immediate necessity for you to raise the ssue.

After all your son is your son only, and if at all he wanted to claim a benefit or use the property, like several other unfaithful sons he might have evicted you or sold the property long back as he is having a legally valid title.   But he has never attempted such deeds so far and showed his principles and values.  The same can not be said of his legal heirs or claimants in the future as they have such right to the property as inheritors.

As of date, there is no litigation issue.  You are a senior businessman having exposure to law and you are capable of dealing with the issue on the own with guidance from local advocates.

 
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Advocate

Though you have purchased the property on your son's name by a registered sale deed when he was a minor at that time, since he has not taken any steps to acquire the property after becoming major, i.e., he neither paid the property taxes nor the water tax or other utility bills  were  paid by him so far, it can be concluded that he never acted upon the sale deed  even after attaining majority by age.

Besides you have the evidences for having funded for the purchase and also have been in possession and enjoyment of the property ever since it was purchased and he never resided in the property for more than 20 years as on date, you may file a suit for declaring your title o the basis of the above documentary evidences as well as by operating the law of adverse possession.

You may discuss with you advocate and proceed s suggested. 

 
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