1. Mr A can claim his part of the property by way of filing a suit for the partition of the property,
2.
Possession of house property for more than 30 years
Mr A and Mr. B both are the joint owner of the property. Mr.A is on possession of the whole property from 30 years and paying electricity bill in his name, land tax in his father's name.(Mr A's father) After 30 years now Mr B suddenly appearing and telling that he want his property. Kindly advise in which case Mr A will regarded as the owner of the property
Asked 4 years ago in Property Law
Religion: Muslim
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16 Answers
A is not absolute owner of property
he has only 50 percent share in property
B can claim his share in property
So what in case of joint holder as you using the property that does not mean that you are the title holder of the property and in case there is a partition suit then you have to defend this property title cannot be transferred to you simply by holding the possession of the property
Both are owner. Have equal right to the property. Nothing to prove. If either one resists other one in any way he can simply file a police complaint and take help.
No need to go for any civil litigation unnecessarily.
The property does belong to B Too. Therefore A cannot deny this fact. Now B has staked his claim now but you may take the plea of adverse possession.
Hello,
File suit of declaration for adverse possession.
Regards
If it's his ownership property he can claim anytime
- Let the other party (B) to reach the court and contest the matter.
- Till the time you (A) is in possession, it shall be difficult for another party to win the case
- If the matter goes out of hand, claim ownership by way of Adverse possession.
Regards
Vivek Arya
1. IF the property is joint registered & mutated in the joint names of A & B, THEN they will PERMANENTLY remain legal joint owners of 50% each, irrespective of who pays the maintenance /property tax /electricity bill /water bill /whatever.... and without any further legal references.
2. In case instant "A" is entitled to recover 50% of the maintenance /property tax /electricity bill /water bill /whatever...., from "B".
When A and B are joint owners, then the demand for his share by B is justified and maintainable .
A cannot claim ownership over B's share in the property just because he had been paying taxes or electricity charges.
Instead of getting into a legal dispute, it would be better to amicably settle the issues between them with a partition on mutually agreed conditions to solve the issue peacefully.
1. As Mr B is co-owner of the property so Mr A will be considered as custodian of share of Mr B.
2. Mr A is liable to give share of Mr B to him or consideration equivalent to his share should be given and take relinquishment deed from Mr. B in favour of Mr. A
Going by the contents of your post, I.e., both A & B are joint owners of property.
Both A & B are equal sharers of 50% each.
Thus, B can claim his share.
Mutation does not confer ownership right over the property.
If said property registered on A & B Name then B can claim his share by filing partition suit.
See just by paying tax Mr. A is not sole owner of the property Mr, B being rightful owner can ask for property and also can file suit if Mr. A refuse for his share.
Long possession/paying tax etc by co owner dose not make him absolute owner unless there has been an ouster of other co-sharer to claim sole ownership by adverse possession.
1. B has an equal share in the property which he can cull out by filing a suit for partition in the civil court.
2. Possession of property by A does not wipe out the share of B.
