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himanshu harbola (Comp. Sec.)     05 July 2011

Property since 1936

 

Mr A was a pundit/ pujari in a property/Land situated on a area in New Delhi. Mr. A has died a year back leaving behind the temple and the property. Mr. A left no will behind and died intestate. Currently Mr. A’s son Mr. P is residing in the property with his family.  When asked to Mr. P how his father came into the possession of the property he replied that in year 1936 his father was gifted the property by some army person when they had a training camp near that particular land. After wards Mr. A took the whole sole responsibility of the property and created a temple on the said property with vacant area around and residential home attached to the temple where family of Mr A resides. There are various records to show that Mr. A was in possession of the property since 1936 as Mr. A organised several Ram Lila’s and other religious affairs like hawan and all in the premises of the temple. The property is not mutated or in records of any one as Mr. P told that all the records with L &DO, Delhi or MCD has been burnt in a fire accident in the said department. The property is measured for more than 1000 sq. Meter. There is no trust or society in the name of the temple.

 

 

 

Mr. P wants the property in his own name after deat of his father Mr. A.

 

 

 

Queries:

 

1)      Legal remedy: will Mr. P has to file Suit for declaration and permanent injunction in the High Court of Delhi?

 

2)      Will succession take place under Hindu succession act?

 

3)      Will suit for partition be filed?

 

4)      Can the property be directly mutated in the Name of Mr. P son of Mr. X?

 

Kindly any good property Lawyer helps me in this particular case what shall be the proper remedy.



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 1 Replies

himanshu harbola (Comp. Sec.)     07 July 2011

can any1 reply my query please


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