Hi Sir,
My grandaunt (unmarried) had a self acquired property. This was then transferred to my granduncle, i.e., her first brother. She requested the revenue officer to change her ownership and relinquish her rights to him. His name was transfered only in revenue department records in the year 1964, but was *not* registered in the sub registrar office. In all other departments (like water and electricity bills), my grand uncle's name was reflected since 1964.
My grand uncle made a registered Will to me in the year 2006. Now, both my grandaunt and granduncle are no more. From 1964 to 2006, my grand aunt was staying and looking after the property since my grand uncle was staying in the USA. From 2006 onwards, I am in possession of the property, and the khatha is in my name. The old building was demolished, and we constructed a new building in the year 2017.
Now, please let me know whether I have a clear title. My grandfather is the second brother to my grand aunt, and my grandfather has two sons. My father is the second son, and I am the only child to my father.
Now, my uncle, i.e., my father's elder brother, is telling me that he has a share of 50% in this property, and I need to make arrangements for the same. My doubt is whether he is eligible for the share as he claims? In the future, if he goes to the court, should I bear the compensations to him? If yes, what percentage? Please let me know what I should do at this stage? Please explain in detail any SC decision on this type of matter. Your help is highly appreciated in this matter. Thank you.
Asked 8 months ago in Property Law
Religion: Hindu
To Mr. Ajay Sethi,
Thank you for your reply. The following are my observations:
Even though my grand aunt did not execute any registered Gift or Will deed, she expressed her desire about her self acquired property. Mere-entry revenue records don't confirm the title. Revenue entries are public documents. It shows the evidence that the present owner is in possession - Prima facie /assumption/ presumed that the owner possessed the property. The possession is 9 out of 10 points in the law. In Ayodhya judgement, supreme court took and considered this view as the possession factor also. My possession in this property is lawful, long period, continuous and uninterrupted. The long period of the possession loses the original owner' s rights. Possession also is elevated and eminate to the title. My grand aunt did not claim her ownership against her brother (my grand uncle) during her lifetime. Based on this, my grand uncle acted and executed a registered Will to me. Compared to my uncle's (my father's brother who is now asking for a share) title, do I have a better title? Please give your opinion.
Asked 7 months ago