• Can we claim property where we are living for 50 years on joint name of grandfather and his brother

We have a residential property bought in 1956 by my grandfather. Documents shows that it is on joint names of my Grandfather & his Brother (both not alive now). Since 1956 my grandfather, my father & we are living. I am born here & now 40 years old. My Grandfather's brother & his sons never came here in last 60 years. Recently sons of my Grandfather"s brother who are living in other state are coming and asking us to give their share of property. They are also threatening us on the name of legal action against us to claim property.
Now my question is this Can they claim this property which is in our possession since 60 years?
What maximum step they can take?
How to take this property on my fathers name?
Pls reply...
Asked 4 years ago in Property Law
Religion: Sikh

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21 Answers

Grandfather brother had 50 per cent share in property

2) on his demise his legal heirs can file suit to claim 50 per cent share in property

3) they can file suit for partition for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Who made the actual payment to purchase the property, if solely by your grand father and have proof of it, ( mention in sale deed or any other document shows payment ) than no claim ever, solely on the basis that property was owned in joint ownership.

Otherwise, they were 1/2 holder of property, and since property is in your peaceful possession since decades, through adverse possession, their share vest in u against actual owners.

They can file partition or declaration.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Adverse possession is when the true owner of a property loses his/her ownership rights owing to inaction on his/her part to remove a trespasser within a statutory period from the property. After lapse of the statutory limitation period for eviction, the true owner is barred from initiating any legal proceeding to repossess his/her property and the trespasser acquires the title to that property by adverse/hostile possession.

The statutory period of limitation for possession of an immovable property or any interest therein, as stipulated in section 65 of Limitation Act, 1963, is 12 years in case of private property which in your case had expired 4 decades ago.

So, if they file a suit for partitition, it'll be barred by limitation.Under Article 110 of the Limitation Act, suit has to be filed within 12 years by a personexcluded from joint family property to enforce a right therein which time

commences when the exclusion becomes known to the plaintiff.

Feel free to call.

Regards.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Yes, you can claim for it.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

You cannot claim adverse possession against co owner of property

Merely because you are in possession does not make you absolute owner of property

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Hello,

Yes they can file a suit to claim the share in the property.

I advise you to file a caveat in the civil court so that no order is obtained by them in your absence.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Also, if they file a suit then this will be your defense that they have not made any claim since last 60 years and hence by virtue of adverse possession it is your property now.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Mere possession for a long time by you does not take away the right of the brother of your grandfather and his legal heirs to the property

So you cannot deny the rights of the legal heirs of the brother of your grandfather

In adverse possession the person who is in possession does not have a legal title to the property but acquires a title through long possession

In your case you are in possession by virtue of the half share of your grandfather

Just because the owner does not possess the property, that does not take away his legal ownership right in the property

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

Now my question is this Can they claim this property which is in our possession since 60 years?

Since the registered title deed is on the names of your grandfather and his brother, both are the joint owners.

Your grandfather's brother can very well seek partition and separate possession of his rightful share in the property, there is no time limit for claiming partition.

What maximum step they can take?

They can file a partition suit claim their share and separate possession of the same.

How to take this property on my fathers name?

Your father is not the owner of the property especially when your grandfather is living. Moreover your grandfather himself has only 50% share in the property, hence he also cannot claim ownership of the entire property.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

But we are living there since 50 years, my grandfathers brother & his sons never turn up since last 50 years. What about law of adverse possession?

Law of adverse possession will not be operative or applicable to this situation.

What will be advantage to us when we are living there since 50 years & they never lived & never claimed anything before?

Living in other's property for the past 50 years is the advantage to you.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Since the property was joint between your grandfather and his brother the share of your grandfather devolved through intestate succession on his legal heirs i.e widow and children, whereas the share of his brother too devolved on his heirs. Mere possession of the entire property for the past 60 years by you does not oust the share of your grandfather's brother's legal heirs. If they file a suit for partition they should be able to cull out the separate possession of their share. No advantage will accrue to you on account of the fact that you are in possession for 60 years.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

If sake deed is registered in joint names your grand Uncle legal heirs have equal share in property

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

If the property i.e., the title document contains both the names, i.e., your grandfather and his brother, then it can construed that the property has been jointly owned by both the brothers equally.

Signature of the buyers is not a mandatory criteria in a registered sale deed document, the signature of the seller is essential.

The question is not about turning up in between to claim, since the property is still in the joint names, they have a claim for their legitimate share i the jointly owned property and there is no time limit for seeking partition.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Property can be bought in the name of any one. but for execution of sale deed, his presence before the sub registrar is required , also his signatures as buyer.

If also mention in the sale deed, sole payer is grand father, than no claim of others.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes, you can claim for this as this ancestral property.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

Who makes the payment is actual owner.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the entire sale proceeds were contributed by your grandfather and his brother was only added for convenience sake, then your grandfather alone was entitled to ownership rights of the property and after him, his legal heirs.

you will have to file a declaratory suit in civil court for declaring the legal heirs of your grandfather (excluding your grandfather's brother and his children) as present owners of the property

also claim injunction against the brother of your grandfather and his son to not disturb your possession

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

Since your granduncle name is mentioned in registered sale deed he would have equal share in property

It appears that sale consideration was paid by grandfather but grand Uncle legal heirs can claim share in property

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

The name appearing as joint purchaser in respect of his brother of your grandfather shall be sufficient to prove that he is having a legitimate share in the property.

The other aspects what you refer to are irrelevant and cannot deny his rightful claim in the property.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Can they claim this property which is in our possession since 60 years?

Answer: They cannot claim the property now because the period of limitation is against them;

This is my response to you:

1. Since it is self acquired property, then the legal heirs of your grandfather become the owners;

2. The people who are trying to claim the property now have lost their right, title and interest in the property;

3. You become the owners of the property by the law of adverse possession;

4. You can file a suit in the court for possession of the property.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

The property can only be mutuated in the legal heirs name. You are in adverse possession of the property. Still the legal heir can create Dispute and approach the court. The best way is to resolve it amicably if possible.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

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