Order passed by courd on [deleted]: Notice given. Judgment pronounced vide separate typed one. In the result, the suit is decreed without costs and preliminary decree is passed dividing the suit schedule property into 35 equal shares and 08 shares were allotted each to the plaintiff, defendant No.2 and defendants No.7 to 12 together as legal heirs of Bachu Krishna Murthy and D13 to D18 together as legal heirs of defendant No.3 and one share each is allotted to the defendants No.4 to 6. The registered gift deed vide doc.No.1983 of 2000 shall be treated as null and void. Issue: My father (1963 dob) by birth and myself staying in the suit house. My father was 3 years old when my grand father partitioned his properties he is a minor and taking care of his mother from child hood until she died in 2000. All the brothers of my father since 1963 are living separately in their properties, as my dad is minor staying with my grandmother in the suit house. As we are styaing in the suit house we dont have a right to get the house on our side?. As per my grandfather and his four brothers during partiion (my dad is a minor during partiion in 1965), he has partitioned all his properties in 1965 and the suit house is fell to the share of my grand father, after that he died in 1971 when my father was minor. There is no document anything available by grandfather on this suit property. Only my grandmother name is mutated in grampanchayat from beginning and she has done the gift deed on my name. The suit house is just 185 square yards, how the court will divide the suit house for 35 equal shares. This order is really dissappointing, How should i proceed for appeal. The order is given by senior civil judge huzurabad. How can i get 100% right on this property? positives on our side. 1)We are staying in that house since 1963. 2) My dad has taken care of his mother and during bedridden he has taken care of her and medical expenses, food everything taken care of my dad. and she was with us and not with her other sons. 3)My grandmother registred gift deed on my name. 4) My dad brothers total 3 (2 died) and only 1 alive have not styaed in this house and separately living from 1963. need your inputs.
1) mere staying in said house would not give you absolute rights on the house
2) you would not be 100 per cent owner of the house
3) merely because your father took care of his mother would not give your father any ownership rights
4) gift deed by grand mother is void as she was not absolute owner of the house
5) your father , his siblings have equal rights on the said house
6) if house cannot be divided court would direct sale of the house
You need to go for appeal to challenge the said order before Appeallate court
The property belonged to your grandfather after the partition. He lived with his wife and your family. The property should be shared by the legal heirs of the grandfather unless there is a specific document ie will. The grandmother gave the property in gift to you but she can only give what legally belongs to her. The property was your grandfathers and hence belonged to all his legal heirs. If your grandfather had gifted you the property then the case would have been different.
Here your grandmother didn't have the power to gift you the property.
Regards
Hello,
Did your lawyer took the ground of adverse possession before the court during the arguments.
You can definitely file an appeal against the said order and may get the order stayed.
Share the entire copy of the order for a more concrete advise.
Regards
1. if the suit house came to the share of your grandfather, then upon his demise, it will devolve on his legal heirs, who are his mother, widow and children
2. assuming your grandfather's mother predeceased him, the suit house would then devolve on his widow [your grandmother] and his sons in equal proportions
3. thus each heir would be entitled to 1/4th share
4. if that was the position then your grandmother could not have gifted the entire property to you
5. also the fact that your father was a minor at the time of partition, or that he took care of his mother and her medical expenses or that he has been staying the suit house, are not legal grounds to justify that he alone is entitled to the suit house
6. i dont know what grounds your father took in his written statement and whether the judge considered those grounds on framing the relevant issues
7. if you are aggrieved by this order then you will have to file a first appeal
1. Since the house was a joint property, your grand mother was not its sole owner and hence can not gift whole of it to you alone. So even if you stay in the same house form 1963 , you can not become its full owner.
2. This is not going to help much.
3. If she was not the owner then she can not gift this property. It is not clear whether you took this issue in the partition suit or not. If not then you case has gone. if yes then take this issue further in appeal.
4. This is again a no issue. You had a good case had you taken the plea of adverse possession . Now it is too late. Consult with a local good civil advocate.
Dear SIr,
- Without seeing the property documents including Mutation papers along with chain of ownership, it is very difficult to advise on the matter.
- Rest, with overview of shared information as above in your question. You can file the civil suit for Declaration at Civil court along with petition U/s 39 Sub Section 1 & 2 for permanent and temporary injunction to stop others to sell the property.
- Do hire local lawyer to advise you better
Regards
Vivek Arya
Dear Client,
Area of property is not of that much, it can be partition but sell of house and distribution of amount acc. to share in house and you can acquire ownership in house by paying that amount to other legal heirs acc. to % of their sharing.
You should have defended your title by adverse possession and suit barred by limitation. When suit was filed ?
Can Adverse possession should have helped me?If i acquire the property through adverse possession? what are the conditions for adverse possession? will it applies in my case? The suit is running in court since 1995. OS NO 33/1995 - Plaintiff (My dad brother) claimed for 50% as jeshtabagam, hence court dismissed this case in 2000. hence he appealed. AS NO 08/2000 - He appealed the case and court ordered 1/5 share (4 brothers and 1 share mother). IA 718/2000 - Court assigned commissioner to what extent the 5 people to get the share of the property. commissioner report closed as mentioned as 1/5th non maintainable hence closed. OS 109/2012(present case)- case filed by dad brother for declaring his share and possession of his share based on AS No 08/2000. As there are 2 brother expired during trial of this case, there legal hairs brought on the case and court ordered the present order to divide the suit property to 35 shares. My question, when the same court cannot divide property 1/5 based on IA no 718/2000 and closed the commissioner report as non maintainable, how now the property can be divided in 35 shares.?
Kindly note my brothers are asking for the share of the land, How the land can be divided for 35 people its 185 square yards only. They are just harassing us by saying we only want the land. Can court direct to have the settle according the government value and give the amount to the other heirs. As we are staying in the house for 55+ years.
Suit is barred by limitation and adverse possession was to be raised in written statement. In appeal it is not maintainable.
You can get order from court to distribute property price as partition not possible.
If you claim adverse possession then you will have to give up plea that you have title based on gift deed executed by your grandmother
You cannot make inconsistent pleas
The property can be sold and sale proceeds divided among the parties as per the court decree
What was the stand taken by your father in his written statement??
you cannot claim adverse possession against family members
2) possession of one is regarded as possession of all
3) since other brothers have died court has directed division among legal heirs of deceased siblings of your father
You can offer to buy out share of other legal heirs as land is incapable of division
It depends on case to case basis need to study your entire case and plaint for the same. You can refer the supreme Court latest judgement on adverse possession.
https://www.google.com/amp/s/www.livelaw.in/amp/cant-acquire-adverse-possession-by-simply-remaining-in-permissive-possession-for-howsoever-long-it-may-be-sc-exposits-law-on-adverse-possession-read-order/
As advised above, you may go ahead and challenge the order before the appellate court.
Yes the adverse possession doctrine will help you in retaining the property
if the other legal heirs agrees to take the money for the share then certainly the same can be done
1. The Court has already passed the Judgement for decreeing the property.
2. The Court will engage a court commissioner for dividing the said property by metes and bounds.
3. You shall have to file an appeal before the higher Court challenging the said order/Decree.
1. The instant matter does not attarct the provisions of adverse possession.
2. The same court will decide on the execution petition in connection with the said decree to be filed before it.
1. The Court has alreadyb passed the decree in the said matter.
2. it can pass order for selling the said mproperty and distribute the proceeds amongst the shareholders according to their shares on the said property.
In my opinion there is no illegality ion the judgment passed by the court in this regard.
The court has passed the judgment on the basis of the provision of law which clearly states that the property left behind by the deceased owner shall devolve equally on all his legal heirs.
Your grandmother's unilateral decision to mutate the property on her name shall not entitle her the title to the property hence the execution of registered gift deed in your favor by your grandmother is invalid in law.
The possession and enjoyment of the property for a long term will not entitle you to claim title to the property which belongs to all the legal heirs of your deceased grandfather.
If the property is not dividable then the court may bring the property to auction sale and would disburse the sale consideration amount proportionately to all the shareholders accordingly as per their entitlement of respective shares in the property.
In my opinion, your proposal to prefer an appeal may not invoke a positive response in your favor, however you may discuss with your advocate based on the judgment passed by the trial court.
The law of adverse possession may not be of any help to you in the given situation because it is the property of the deceased grandfather, who is reported to have died intestate, hence this will devolution equally on all his legal heirs. Under this situation there is no question of perfecting the title by adverse possession.
If the property cannot be divided as per law into 35 shares, then the court may bring the property to auction sale and disburse the sale consideration amount to the respective shareholders proportionately as per their entitlement of shares in the property.
The answer remains the same, if one of the shareholder is disputing about the land allotment only while others agree for sale, then the court will decide to bring the property on sale and whatever sale consideration received would be disbursed accordingly
The law of adverse possession should have helped you but you cannot claim adverse possession when now the suit has been decided and you haven't taken this plea before.
The share can be divided by the court and if the house cannot be divided then it can be sold and the proceeds shared between you.
Regards