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Advmoinuddin Faruqui   06 August 2021

Title declaration & Possession dispute.

In the year 2003, a plot of 30 * 50 was purchased through a notary in the name of the mother & in 2009/10, the lower floor was built with the financial help of the whole family ( Parents & All three brothers A'B'C' respectively ) , Post construction ' A'was living in 20*50 area with parents and his wife & children and still is, in the remaining 10*50 area 'B' was in residence with his wife & children And this part is still in the possession of B, rest remain ' C'who lived on rent in another city because of his job & who is still living on rent in another city with his wife and children, Apart three brothers they have three sisters also in family , all of them are married. Father passed away in 2016 and in year 2017 'C'got married and according to his mother's oral verdict , 'C' constructed two rooms on the terrace by his own money for him unfortunately Mother died in the very next month after her death and in absence of C , B capture the rooms of C and kicked him out of house . Whenever C goes and ask for his rooms, B is creating dispute & threatens him. The whole first floor and 10*50 of ground floor in in possession of B ...the plot is still in the name of the mother, whose registration has not yet been done nor the map was passed by Nagar palika . Pls suggest step by step How can I & my sister's can claim the property .
Note : This is a case of Muslim family &' B' ( middle one ) is creating dispute not 'A' ( eldest one )


 6 Replies

G.L.N. Prasad (Retired employee.)     06 August 2021

There can be no solution to your problem through the forum, as there is no legally valid title deed in any one name and several complications are involved in the inheritance, oral permissions etc. Either the Muslim Kazi mediation or an advocate can only try for a compromise.

Advmoinuddin Faruqui   06 August 2021

Being legal hire can I ,along with all three sisters can file a suit against the seller for registration of property according to share & then go for partition suit. Pls suggest

Shashikant V. Patil (Lawyer)     06 August 2021

There may be records available in Nagar Palika or Panchayat about the said house and other houses neighboring to this house. Whether permission for construction has been obtained or not is to be checked.  If the plot is still in the name of your mother, you can obtain succession certificate of all legal heirs and get mutated all legal heirs name as a owner of the subject plot.

Advmoinuddin Faruqui   06 August 2021

Permission not taken for construction of house , Since plot sale via Notary hence the plot is still on the name of seller in Khata khasra .Seller is ready to do registry but the only matter is that middle brother is creating dispute . Electricity bill is on the name of eldest brother who is neutral party. Pls suggest

P. Venu (Advocate)     07 August 2021

Did the seller have clear title to the land?

Shashikant V. Patil (Lawyer)     07 August 2021

Notary purchase land by your deceased mother  cant' a good title holder.  The said property is still belong to Previous owner. So all brother can not succeeded to this land.  You are unnecessarily making quarrel and dispute.  If previous owner is ready to make a fresh registered  sale deed in favour of all brothers, then decide mutually. The present status of said plot is illegal and unauthorized having not clear title .

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