• Property Purchase

Hi My Grandfather purchase a land from one of his known almost 60 years ago. During the deal of this land there was no exchange or transfer of property’s ownership. Only money transaction.

My grandfather built a home on the same property. Now my grandfather (Purchaser) and Seller both are passes away almost 50 years ago.
My father asked to the son of seller so many time that transfer this land on our name. 

He replied no worry nothing is going to happen whatever was the transaction between our fathers will be remain same. Hence my father keep faith on his word and never asked for transferred of land again.

My father is paying all the taxes like house tax , electricity bill, water bill, rations card, all the government documents are only on applicable on the built house number. 

Now Seller Granddaughter(Natin) and Grandson(damad) is claiming on built house. 

They are having the will of that land but nowhere is mentioned in will that grand daughter and grandson is having any share in that will 

I have few questions related to this case.

•	Are they authorize to claim that property or not.
•	If they are authorize in that case they will authorize to claim only for land or built home also because in will mentioned land.
•	if they claim can we sue them asking for amount of built house, maintenance charge and paid taxes which we have paid in last 60 years 

Note : there is no documents and complaint during this 60 years tenure to evacuate said place, we do not have any documents and agreement of dealing that land.

Please suggest and let me know what are the possibilities for this case.
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Dear Client,

Do u have proof of payment ?

Well, is no proof than by theory of adverse possession, you are absolute owner and same can declarer by court.

Well, as i said, 60 years long possession, you are already acquired title of actual owner.

Don`t go into recovery of amount, base your ownership on the property by theory of adverse possession.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1)there is no sale deed executed by seller in favour of grand father

2) on demise of parents grand children can claim share in property

3)if they claim you can claim defence of adverse possession as in possession for over 12 years

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

There is nothing you can do at this time or need to do for that matter. If they file a suit for declaration based on title—which they can’t because as you say the land in question wasn’t bequeathed to them in the will—you can take the plea of adverse possession (i.e., possession which is open, hostile, continuous, etc., for over 12 years). Better advise can only be given based on the full facts of the case.

I hope I have answered your question. Further queries welcome. Have a nice day!

Pulkit Chandna
Advocate, New Delhi
191 Answers
5 Consultations

4.9 on 5.0

Already informed you, without proof of payment, you can claim ownership by adverse possession against actual owner.

NO recovery of construction cost , bills , taxes etc.

Can claim land only, construction can be demolished or payment towards construction cost.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

there is no follow up question

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

1 money was paid to original seller plus possession handed over to original buyer (though there is no legal document evidencing the transaction) - this falls under s.53A of transfer of property act

2. all outgoings of the land borne by grandfather - he asserted himself as owner of the land since past so many years without any hindrance from the seller - he constructed a house on the land - all under the nose and to the knowledge of the seller - this falls under doctrine of adverse possession

3. so the legal heirs of original buyer have perfected their title by adverse possession - they can file a suit for specific performance of contract and also seek protection under section 53A of TOPA since they have possession of the land

4. the Will has to be proved. Anybody can make a Will and project it as the Will of the deceased person who was the alleged owner of the land and had not sold the land

5. the grandchildren of seller will have to file a declaratory suit in court on basis of the Will which you can oppose very effectively under the laws of limitation, 53A of TOPA and doctrine of adverse possession

6. if you claim all the outgoings paid by you and expenses incurred for construction of house then it will be like admitting the opponent's claim - you will have to stick to the stand that as on today you have become the owner of the property

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

They aren't authorised to claim an inch of this land/home.

Approach the civil Court and seek a restraint order against them preventing them from disturbing your peaceful possession upon this land/home.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You've only one solution...Get the property Registered in the name of yourself. Thereafter, every claimant will have been Zeroed.... Now, you will be the Boss to decide the fate of your enemies.

Raj Kumar Mishra
Advocate, Allahabad
165 Answers
2 Consultations

4.5 on 5.0

1. No they are not authorise to claim the property file a declaration suit on the property(father) since grand father has paid all the amount and taken possession of the property. Further you have possession of the said property.

2. Even in case(supposing worst case scenario) if this is not established that your grandfather paid for the property you have adverse possession on the property and they cannot now ask you to vacate same.

3. Further based on the documents like bills, tax receipts you can easily establish your possession.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further file the declaration suit for claiming ownership of the said property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If will is not in their favour then they cannot claim. But you can claim only if will have mentioned your name.

As the transaction was monetary and no written evidence is available of the transaction you cannot claim any right if your name is not mentioned in will.

But if you have possession of the property then you can claim adverse possession.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Are they authorize to claim that property or not.

Legally speaking your grandfather do not have any documentary prof for purchase of this land nor he is holding a title document in his name, therefore he cannot be deemed to be the owner. However the long possession and the evidences for possession and subsequent developments over the land i.e., construction of structures over it and the same devolving on his legal heirs upon his death are some valid reasons and evidences to claim the proeprty at least by adverse possession. Besides, the tax receipts and other relevant records will make your father entitled to the title by adverse posssession. Their clainfor the property to be denied by this stand

• If they are authorize in that case they will authorize to claim only for land or built home also because in will mentioned land.

Only for the vacant land...

• if they claim can we sue them asking for amount of built house, maintenance charge and paid taxes which we have paid in last 60 years

It depends how you put forth your case before court.

Note : there is no documents and complaint during this 60 years tenure to evacuate said place, we do not have any documents and agreement of dealing that land.

This is both advantage and disdvantage

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

please follow the question

The best option before you is that you have to file a declaration of title suit following the perfection of title by adverse possession in the absence of concrete and substantial documents in your possession to prove your title otherwise.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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