You need to file suit for declaration stating that uncle has no legal heirs and you are in possession since and he was willing to transfer in your favour. By law of adverse possession you will be the owner
Ownership of house
1. I am living & in possession of a house from last 5 years (Oral arrangement) that belongs to a elder uncle (Non relative) residing abroad. 2. I have spent lacs of Rupees on the house and uncle was willing to transfer the house in my name, but before that there is sudden death of uncle (owner of the property). 3. Uncle was the only owner with no legal hires. Please guide how can i get the ownership of the house??
Asked 2 years ago in Property Law
Religion: Hindu
14 Answers
If uncle has not relatives/legal heir you are owner of house by law of adverse possession. If you are distant relative, you can claim the house under law of inheritance.
you cannot get ownership of house as you have no right ,title interest in the property
You continue to live in the house for a total period of 12 ( Twelve Years ) from the date of occupation. As you have already completed 5 ( Five years of uninterrupted stay), after 12 years of uninterrupted stay, without anyone's objection/protest, apply through the Court to grant you Adverse Possession of the house.
- If there is no legal heirs of the owner of the property , then this property would be devolved upon class 2 legal heirs.
- If you are not related to him , then you cannot claim a right over the property
- However , if that property is in use and occupation of you for the last 12 years , then you can declare owner of the property after filing a suit for declaration before the court.
You may have to file a suit for declaration to declare you as his successor in interest.
After getting the decree in your favor you may apply for transfer of property records to your name before the concerned revenue department.
You will then become the owner of the property legally.
1. the property shall devolve among the legal heirs of the deceased,
Class 1 legal heirs
- Sons
- Daughters
- Widow
- Mother
- Son of a pre-deceased son
- Daughter of a pre-deceased son
- Son of a pre-deceased daughter
- Daughter of a pre-deceased daughter
- Widow of a pre-deceased son
- Son of a pre-deceased son of a pre-deceased son
- Daughter of a pre-deceased son of a pre-deceased son
- Widow of a pre-deceased son of a pre-deceased son
- Son of a predeceased daughter of a predeceased daughter
- Daughter of a deceased daughter of a predeceased daughter
- Daughter of a predeceased son of a predeceased daughter
- Daughter of a predeceased daughter of predeceased son
if there is no class 1 legal heir, the property shall be distributed among class 2 legal heirs,
Class 2 Heirs
- Father
- Sons daughter’s son
- Sons daughter’s daughter
- Brother
- Sister
- Daughters son’s son
- Daughters son’s daughter
- Daughters daughter’s son
- Daughters Daughter’s daughter
- Brothers son
- Sisters son
- Brothers daughter
- Sisters daughter
- Fathers father
- Fathers mother
- Fathers widow
- Brothers widow
- Fathers brother
- Fathers sister
- Mothers father
- Mothers mother
- Mothers brother
- Mothers sister
if there is no class 2 legal heirs the property will be claimed by the Agnates
Agnates
In case a hindu male passes away intestate and leaves no class 1 or class 2 heirs, then the property would devolve on agnates. A person is said to be an agnate of another if the two are related by blood or adoption wholly through males.
if there are no agmates, the property will go to cognates,
Cognates
If a Hindu male passes away without a Will and has no class 1 or class 2 heirs or agnates, then the succession would be through cognates. Cognates are ones who are related to the intestate by blood or adoption but not wholly, through males.
2. you cannot claim the property if you do not have any documents in your name.
Dear Client,
Thank you for your query. Since you had an oral agreement with the owner, you can try to prove it before the court of law. Oral agreements are valid and enforceable.
Thank you
A short addition to query: Uncle being the Canadian Citizen has Legal heir there, which earlier i was not aware of and he is also ready to transfer the house in my name. But the problem is he also being old cannot come to india nor can visit indian embassy in canada for the purpose of POA. Please suggest the possible way to get the property transfer or POA in such case.
Asked 2 years ago
In your earlier query you had mentioned that uncle is dead
If uncle is alive and cannot come to india he needs to execute special power of attorney in favour of family member to execute gift deed
attestation before Indian consulate is mandatory
There is no need to visit Indian Embassy, in fact all walk-ins to Embassy/Consulate are suspended due to Covid. Attestation of POA has to done online.
The legal heir of the deceased property owner shall automatically become the owner of the property left behind by his deceased father.
If he has agreed to give this property to you, then he has to transfer the property to your name by executing a registered gift deed.
He has to follow the due procedures of law.
You cannot say that since he is old and not able to get a proper deed i.e., a GPA to be executed in favor of a third person back in India to execute this registered gift deed in you favor then you cannot get this property to your name legally.
Then you need to make such request and get the same notraised there by making such endorsement. Later you can attest the said Notarisation from embassy stating legal heirs old condition
- If uncle is interested to transfer the said property in your name , then he can execute a registered gift deed in your favour.
- Further, as he is unable to come to India, then he should execute the GPA in favour any relative or nearest person in INDIA.
- The said GPA should be notarized as per rule of that country , and attested from the consulate of India .
- However , as he is unable to approach the consulate of India there , then he can move an application for the approval in the office of consulate .
Dear Client,
In such a case, you may follow the process of "Apostalisation" which is a process by which a deed of PoA executed outside India is proved, and is governed by the Hague Convention, 1961.
Apostille is a certificate that confirms and verifies the signature/seal of the person who verified the document. However, this process must essentially comply with the Indian Laws, such as the Indian Registration Act, 1908, and the Power of Attorney Act, 1882.
Thank you.