• Property dispute

I have farmhouse near Imagica, where my grandmother stays from past 40 years. She & my grandfather have got this land from our relative in the year 1962, However, because the landlord was my grandmother cousin in relation there was no paperwork done. All, the deal was done on the trust factor. Now my grandmother cousin expired who gave the land to her and now after 40 years staying there landlord son is saying it is his property and he will allow my grandmother to stay there till the time she is alive and later he will take the whole property back. Now the total property is around 10,000 Square feet which include our house and land around a house which has mango trees, water boring, and whole wall fencing. But he is ready to give us the house because electricity bill and property tax are on my grandmother name, So he said he will give us a house and will take rest of place under his control.

The day my grandmother has heard this, she is crying and left hope of leaving. Please someone guide, what we can do to save our house. This house has been everything for my grandmother.

PLEASE HELP!!
Asked 6 years ago in Property Law
Religion: Hindu

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17 Answers

This is my response to you:

1. Technically speaking your grandmother's cousin and after him, his legal heirs are the current owners of the property i.e. the land;

2. Despite the fact that your grandmother is in possession, the law of adverse possession also cannot be applied;

3. Therefore at this stage you will need to apply to court;

4. Your grandmother will be required to file a suit for declaration of right, title and interest on that property against the landlord son;

5. If the house is in your grandmother's name then you can claim that after her demise;

6. It will be difficult to claim the whole of the land as your own.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear Sir,

At first, please check the 7/12 extract of the property on which the house is situated. Also check if your grandmother's name is on the 7/12 extract as a tenant (Kul).

Also who built the house on the said land? Did your grandparents build the house or was it given to your grandmother with the house existing on the said land? Who has incurred expenses for the water boring, fencing and the cultivation of mango trees?

Further please check if your grandmother's deceased cousin has left behind a Will through which his son is claiming the right to the property.

If there is a Will and the property has been bequeathed to the son and if the Will has been probated then the son has a right to claim the property.

Regards,

Uma Vyavaharkar-Acharya
Advocate, Mumbai
59 Answers
2 Consultations

5.0 on 5.0

Your grandmother is free to claim onwership over this property in light of the doctrine of adverse possession.

The status of your grandmother is that of a squatter upon this property. Going by the law laid down by the Supreme Court, if a person does not protest someone illegally occupying his property for 12 years, then the squatter would get ownership rights over that property.

Your grandmother must file a suit seeking a declaration of title and to also declare that the she has perfected her title by adverse possession.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Dear Client,

As per your case, you may file a civil case against him for your right. Because documents in in your favour, will easily win the case. Don't worry.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

how was payment done for purchase of land ?

2)on what basis was mutation done in revenue records in grand mother name ?

3) did seller give his consent for mutation

4) grand mother should file declaratory suit that she is absolute owner of house and land .

5) rely upon mutation done in revenue records plus electricity bills etc raised in her name . enclose copy of bank statement indicating payment made to seller

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

hello,

you have been in possession for the last 40 years. your family has been living there. therefore the person who has been trying to evict you should show sufficient cause in order to tell you to leave. does he have the papers? if he has them then it has to be seen in whose name the property was and what is the current status. go to the land records office and file an application for the land record and then on the basis of continuous possession also you have the right to the land and the buildings. where was he these 40 years has to be explained by him.

regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. the son of deceased landlord cannot just take back the land on the saying

2. he will have to adopt due process of law

3. so he will have to file an eviction suit

4. you need not worry

5. he cannot do anything without involvement of the court

6. you must stay put on the property and ignore the son

7. if he makes illegal attempt to disturb your possession then you can take legal steps

8. just on his mere saying you need not worry

9. he will have to first obtain letters of administration from court to do anything regarding your property

Yusuf Rampurawala
Advocate, Mumbai
7512 Answers
79 Consultations

5.0 on 5.0

Dear,

As you said that this land is in your possession last 40 years,

so you will take benefit of adverse benefit because for adverse

possession the property should be in possession for minimum 3 years

or maximum 20 years, so you are eligible for this.

Why landlord son not come early, this is main question, now he saw

the profit in that property, that's why he is giving home to you.

Allow him to first file civil suit against your grandmother,

kept electricity bill, water bill, and other documents with you.

He can't take back that land.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

File suit of declaration on the basis of adverse possession, if no proof of purchase.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Certainly, if you have proof of expanses incurred, same shall be supportive to your case and title.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

that's why i m saying this that your case and title is very strong. Arrange all the

proofs with you and wait for his reaction.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

You have not answered queries raised by me

2) it is better you meet Lawyer personally to discuss your case

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

Since no paperwork was done, the landowner would have title to the property and the law of adverse possession would also not be applicable as The hostility requirement of adverse possession means that the person claiming possession of a disputed piece of property must demonstrate to a court that his or her possession is an actual infringement upon the true owner’s property rights. Courts often assume that members of the same family do not “infringe” on one another’s property.

But, since the the name of your mother is located in revenue records as well as on electricity and telephone bills, she should file a suit for declaration and civil court seeking

complete ownership of the property where in the

proof of mode of payment of sale consideration would be the deciding factor.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

1. Your grandparents do not have the title to this property as no sale deed was seemingly executed in their favour. It can be said that they are in possession of the land since 1962 but possession is not tantamount to title.

2. If the son of landlord files a suit for declaration of title and recovery of possession then your grandmother can take the defence of being in adverse possession of the land for more than 50 years on the basis of the property tax, land revenue receipts, water/electricity bill receipts, etc,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

First the nature of Property has to be seen. Only after that appropriate proceeds has to be filed in court for title and ownership.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Without any document to prove title it will be difficult to establish the ownership.

She can file a suit for declaration of title on the basis of adverse possession.

But for that also she has to rely on supporting documents like tax paid receipts, Electricity and water supply connection and on any other relevant documents.

If he is ready to give the house, you may accept it for the present and on that basis you can file a suit for declaration of title on rest of the properties.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

The house was build by my grandparents. Also watet boring, Mango trees and whole fencing was build by us and that time my grandmother cousin suppose to stay beside our house. So they have seen everything when it was building up.

I hope this may help you to understand our situation more clear.

A suit for declaration of title by adverse possession may be an option and remedy to this.

You may consult an advocate in the local and proceed.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

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