• Father has orally transferred a land to build a house in the year 1980

My Father in law got a land of 11 Dec to build his own house from his father orally in the year nearly 1980. In the year of 1983 he has build a house of nearly 836 square feet . But actually the land belongs to his father and uncles . My father in law has passed way 2 years back , his father and uncles also passed way long back.. now this land has around 25 shareholder(by generation) including my wife.
Now many of them are threatening us to destroy the house and plant the tree , now we are really worried , do you suggest any way to solve this problem. is there any chance that we can get this land to our name as we are using it for for than 35 year.
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Transfer ought to have been done by gift deed duly stamped and registered

2) difficult to prove oral transfer

3) mutation of property has not been done in name of your father

4) all legal heirs have equal share in property

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Hello,

File a suit for injunction and ask other member to settle the share with you. They have the right on their share and that they can claim at any juncture.

You may enter into a family settlement with them

Or

If they file any case then try and defend the same on the ground of delay.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

As you have mentioned that you are using the house for your domestic necessaries, your wife's siblings and their co-owners can not destroy the house but they can file a case for partition and separate possession of the properties with boundaries.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

1. The said land should have been divided between your grandfather and his brothers and after their demise amongst their individual legal heirs.

2. You can file a declaratory suit praying for a declaration that the land was orally settled/gifted in favour of your father by his father upon which you have constructed house and is living therein for 35 long years with out any objection from anybody and also praying for a declaration upon the Registrar to record your late father's name as the title holder of the said land after your grandfather.

3. Also lodge a police complaint against those who threatened to demolish your house to plant trees and obtain a stay order against them u/o 39 rule 1 & 2 restraining their entry to the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Oral agreements are difficult to prove still you can file a declaration suit that you have received the said property through oral gift and there was no objection from any legal heir and you have been living therein from 35 years.

You can seek a injunction from court against all people threatening to damage the property under order 39 cpc restraining entry of them on property.

In case they file a suit against you people you have defence of adverse possession as you have undisturbed accesses to said land without any objection and now you can claim it as right.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You will have to take the service of review the document so that an Advocate here can help you.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You have to opt for feature review of legal documents

Make payment then forward documents to concerned Lawyer for review

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

You can directly choose for the option of document review from the Kaanoon.com services or can ask for cosultation.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The experts have been asked not to provide any personal information while replying queries.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

If this property belonged to your father in law's father and his brothers, then upon everyone's death the subsequent generation i.e., the legal heirs of the deceased shareholders are entitled to a legitimate share in the intestate property.

Remaining in that land for over 35 years will not entitle you to be the absolute owner of the property even though you might have constructed a structure over the vacant land.

The best way to solve this is by calling a meeting of all those entitled, arrive at an amicable solution and then you can proceed legally.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Currently we have the original approval letter of "Application for supply/Allotment of levy cement" 1983 and few other related docs.

Unfortunately these are not title documents that you can claim title to the property.

Your father in law somehow managed to have possession however it is another unfortunate issue that your father in law's father did not transfer the same by a registered document.

You can consult a local lawyer and then decide

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

With so many advices, your query seems to be solved.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Dear Sir,

You have perfected title to the land by way of adverse possession. You may approach the Court and file a suit for permanent injunction restraining the others from interfering. They cannot disposes your settled possession without recourse to law that is they have to file a suit for possession etc..

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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