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RAHUL SHARMA (Na)     11 June 2021

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.


 16 Replies

Sankaranarayanan (Advocate)     11 June 2021

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

1 Like

RAHUL SHARMA (Na)     11 June 2021

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.

Sankaranarayanan (Advocate)     11 June 2021

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

RAHUL SHARMA (Na)     11 June 2021

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. 

G.L.N. Prasad (Retired employee.)     11 June 2021

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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Sankaranarayanan (Advocate)     11 June 2021

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

RAHUL SHARMA (Na)     11 June 2021

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

 

G.L.N. Prasad (Retired employee.)     11 June 2021

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.

T. Kalaiselvan, Advocate (Advocate)     12 June 2021

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. 

Dr J C Vashista (Lawyer)     12 June 2021

As stated by you the property purchased by you and registered in the name of your son (then minor but now major) was a Benami Transaction which may be challenged, although it is barred by limitation and the minor son is enjoying uninterrupted possession for more than 12 years.

Consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

1 Like

RAHUL SHARMA (Na)     12 June 2021

Sir, I am having the possession for more than 12 years. As you said, yes I am paying all bills but the light bill and water bill connection is in the name of my son. Is it make a case for him although he is not paying.

G.L.N. Prasad (Retired employee.)     12 June 2021

@Dr.J.C. Vasishta:  With due respect, whether property purchased by a father in the name of his minor son in an undivided family amounts to a Benami transaction ?

Whether a father residing in the house with knowledge of son all these years amounts to adverse possession when the presumption is that father is residing in the house with permission and knowledge of his son ?

(Sorry for transgression to the contents of the main query, but to avoid more queries, the deviation can be permitted)

RAHUL SHARMA (Na)     12 June 2021

That's what I think of but problem is that the title of property is clear as registry is in the name of him. Still we can file a case ?

G.L.N. Prasad (Retired employee.)     12 June 2021

With all humility and sincerity, I find your son as a "gem" in modern society and it is difficult to find such persons.  Take it granted that he will never interfere with your enjoyment of the property as it is not his.  But in case something happens to you, as a son he may inherit the property and may not extend the same kind gesture to your successors.  You are also aware of his mentality, honestly, (you have never said one thing against him except that there are no relations for a long period and you have not disagreed when I called him a noble son) it appears to me that for reasons known only to you (excuse me, this is personal feeling), you wanted to show it as self-acquired property and to gift it to someone you like or under pressures from others.  From all your replies my presumption is you might have studied the possibility, contacted many advocates, and already taken a decision.  You are exploring the chances to strengthen your stand.  I may be wrong in my assumptions and excuse me if my personal opinion hurts you. But to give a fair opinion it is necessary to go into  facts/details and your reasons to show this as your self acquired the property when there is no need/urgency for such a declaration suit which may tarnish the reputation and take decades to get such unopposed suit


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