Hello Sir, My uncle (father's brother) owned a house and left a WILL stating that my aunt would have the right to collect rent from the property for her lifetime (limited rights). After her passing, full ownership of the house would transfer to my father as they donot have children. My uncle passed away, and my aunt filed a civil suit claiming full rights to the house. However, the district court dismissed the petition, stating that the WILL is genuine and she could only use the property as outlined in the will. The appeal is now pending in the High Court. Approximately 15 years ago, she registered the property in her siblings' names with wrong door number and right boundaries . However, the ownership transfer was not mutated in muncipality due to pendency and now not even showing in muncipal records at present due to digitlization. During digitlization this house not been recorded and in other way , My Aunt siblings were not paying any tax for last 7 years. Last month, she passed away, and now my father is planning to take possession of the house. However, her siblings are preventing us from entering the property. Could you please advise on the steps we should take to gain possession? Thank you
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1. Appeal is pending in HC against the decree by district Court upholding the will.
2. As matter is sub judice, you need to see that the appeal filed in HC is speeded up and dismissed.
3. Only after dismissal of the appeal against the decree of distract and after the death of your aunt, you can get the decree executed by evicting the siblings of aunt.
As you have mentioned that the matter is pending before high court in an appeal, your father can file a petition before registrar to bring the appeal in the early list and get the case dismissed on merits after which he can file a petition before trial court seeking police protection to take possession of the property.
1. Send a legal notice to her siblings to handover the possession of the property to your father.
2. If there's no positive response to the legal notice, file a suit in the jurisdictional and competent Court for declaration of title of the property in your father's name based on his brother's WILL.
File police complaint against her siblings
rely upon district court order which provides that aunt had limited rights to property
3) you can also seek court orders for police protection to take possession of property
Dear client,
Since the High Court appeal is pending and your father is the rightful owner as per the will, you need to proceed with caution and a strategy.
As the order of the district court is in favor of the will, get the certified copy of the judgment and decree, which confirms your father's ownership after the passing of your aunt.
As the aunt's sibling's registration was done with the wrong door number and is not recorded in the municipal records, immediately apply for the mutation of the property in your father's name, and while applying, annex the following documents:
District court judgment.
Copy of the will
Death certificate of the aunt.
Any tax receipt showing your uncle/father as the owner.
File an execution petition since the lower court upheld the will under Order 21, Rule 35 of the CPC to take the possession legally.
and also file the injunction petition for the interference of the siblings into the property.
You can also file the DECLARATORY SUIT under section 34 of the Specific Relief Act, 1963, for the cancellation of the fraudulent registration and declaration that your father is the absolute owner.
Hope this helps you; if you still have any clarifications or issues, do not hesitate to ask.
You can challenge that transfer. For seeking possession you need to seek declaration form the court on basis of the will
