• Unregistered document

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

12 answers received from multiple lawyers

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12 Answers

Gran aunt did not execute any registered gift deed in uncle favour 

 

2) mere entry in revenue records does  not confer title to property 

 

 

3) your uncle can claim share in property 

 

4) your grand uncle was not owner of property and could not have executed will in your favour 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

You need to first check whether he has any share in the property before its transfer to your grand aunt. If not then he can’t claim afresh. The documents of transfer like sale deed, gift deed or relinquishment deed needs compulsory registration. You can do the same now. Let your uncle file any proceedings if he doesn’t have any legal share you can contest. For more detailed communication you can have a telephonic consultation with me through kaanoon 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Even though it was her self acquired property of your grand aunt, she should have transferred her proeprty in favor of her brother by a registered gift deed or any other registered deed, instead she transferred it through revenue records only.

However since he as in possession and enjoyment of the property for decades, he can perfect the title by adverse possession.

Now on that basis he transferred the property to your name by a testamentary disposition i.e., a Will and operating the Will you have acquired the property and also reconstructed the house subsequently and are in possession  and enjoyment of the same till now in an uninterrupted manner. 

Therefore you are deemed to be an absolute owner of the property hence you can refuse to allot any share to your uncle in the property.

If he wants to proceed to court, let him move because he has no case at all neither he has any rights or interests in the property therefore his claim will not be entertained by court nor it will be legally maintainable. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Based on the facts provided, your title appears to be strong and legally defensible. Although your grandaunt’s relinquishment of the property in 1964 was not registered with the sub-registrar, your granduncle’s name was reflected in all revenue and utility records since then, which supports long-standing and uncontested possession. Further, your granduncle executed a registered Will in 2006 in your favour, and you have been in possession of the property since then. The khatha is in your name, and you have even constructed a new building in 2017. This demonstrates ownership, possession, and investment over time.

Your uncle (your father's elder brother) has no rightful claim, as the property was self-acquired by your grandaunt and is not ancestral. Therefore, no coparcenary rights arise under Hindu Succession Law. Unless your uncle can prove that the Will was invalid or that there was fraud involved, his claim to 50% has no legal basis. If he approaches the court, you will likely need to defend your title, but your documentation — especially the registered Will and uninterrupted possession — works strongly in your favour.

Shubham Goyal
Advocate, Delhi
2155 Answers
17 Consultations

SUMMARY AS TO WHAT I UNDER UNDERSTOOD

  1. Grandaunt (unmarried, self-acquired property owner) relinquished her property rights in 1964 in favor of her elder brother (your granduncle) — via request to Revenue Officer — not through a registered relinquishment deed under Registration Act.
  2. Revenue and utility records changed in 1964 to reflect granduncle's name.
  3. Granduncle executed a registered Will in your favor in 2006.
  4. Grandaunt stayed in the property till her death (caretaker), and after 2006 you took possession, and Khatha is now in your name.
  5. You demolished and reconstructed the property in 2017.
  6. Now, your father's elder brother (your uncle) is claiming 50% share, arguing he is a legal heir of your grandfather (the second brother of grandaunt).

      ISSUES

  1. Whether Your Uncle Has Any Right in the Property

NO, based on the facts provided, your uncle has no share or legal right over the property, if the following points are established:

  1. Property Was Self-Acquired by Grandaunt

  • As the property was self-acquired by your grandaunt (not ancestral), it was not subject to coparcenary rights.
  • She had absolute rights to dispose of it during her lifetime or by Will (Section 14, Hindu Succession Act).

  1. Transfer to Granduncle in 1964 — Legal Possession

  • Though not by registered relinquishment deed, if she voluntarily surrendered all rights, and granduncle’s name was mutated in all public and municipal records (revenue, water, electricity), and she never reasserted ownership until her death, the transfer may be upheld as oral relinquishment or gift by conduct.

Relevant Case Law:


  • K.K. Modi vs K.N. Modi & Ors., (1998) 3 SCC 573 – Supreme Court upheld long-standing possession with documentary evidence, even in absence of formal transfer documents.

  • Thamma Venkata Subbamma vs Thamma Rattamma (1987) 3 SCC 294 – Oral relinquishment among close family members may be acceptable if followed by actual possession and mutation.

  1. Will by Granduncle in Your Favor (2006)

  • The granduncle, being in possession and control, made a registered Will bequeathing the property to you.
  • After his death, as the sole legatee, you became the rightful successor to the property.
  • As per Section 63 of Indian Succession Act and applicable SC rulings, the Will is valid unless proved otherwise.

Can Your Uncle (Father’s Elder Brother) Claim a Share?

No, because:

  • He is not a legal heir of your grandaunt or granduncle.
  • The property never devolved to your grandfather, so his sons (your father and uncle) have no inheritance rights.
  • Your uncle is a stranger to the chain of title.

Even if your grandaunt hadn’t relinquished the property, the succession would have opened in her favor, not to your grandfather’s branch.

 What If a baseless Case is filed against you?

Your uncle may file a suit, but he has no enforceable claim based on:

  • Lack of ownership or possession history.
  • No legal right under succession or testamentary document.
  • The limitation period for challenging mutation or possession has long expired (Article 65, Limitation Act – 12 years adverse possession bar).

If he files a suit:

  • You can seek dismissal at preliminary stage.
  • If the court admits it, you must defend on title, Will, possession, and conduct.
  • No compensation will be payable unless he proves fraud or suppression, which is highly unlikely here.

DOCUMENT YOU NEED TO BE POSSESSED WITH:

  1. Grandaunt’s conveyance / ownership proof.
  2. Mutation records from 1964 showing granduncle’s name.
  3. Electricity/water tax bills from 1964 onwards.
  4. Registered Will (2006) – make sure it is probated (if applicable in your state).
  5. Khatha certificate in your name.
  6. Property tax receipts, building plan approvals, etc. for new construction.

      PROPOSED LEGAL ACTIONS AS ADVISED:

  • If Will is not probated ,consider probating it in civil court.
  • You may also execute a declaration of ownership deed backed by Will and mutation to further safeguard title.
  • If a legal notice or suit is filed, promptly file a detailed written statement denying his claim and asserting your chain of title.

 

Case laws that may be relavant for your case, as requested by you:

  1. Srinivasa Rao vs G. Ramalingam & Ors (2020 SCC Online SC 378)
    – Property held exclusively by one co-owner for decades, with no objection, treated as his exclusive property.
  2. Narendra Gopal Vidyarthi vs Rajat Vidyarthi (2008) 3 SCC 563
    – Testamentary disposition overrides intestate claims of legal heirs.
  3. K. Modi vs K.N. Modi (1998) 3 SCC 573
    – Long-standing possession and conduct can establish ownership.

            I hereby as per the query received can conclude:

You have clear title, derived from:

  • long, continuous possession since 1964,
  • revenue and municipal record mutation,
  • a valid registered Will from granduncle,
  • completed construction and khatha in your name.

 Your uncle has no legal claim. He is not a legal heir under succession nor a beneficiary under the Will.

If he goes to court, you should contest it strongly, and you are not liable for compensation.

In case you need my assistance in the matter I can be contacted on 

Yuganshu Sharma
Advocate, Delhi
1175 Answers
5 Consultations

Dear Sir,

 

  • he property was self-acquired by your grandaunt.

  • She did not die intestate (unclaimed); she transferred it voluntarily.

  • Your granduncle did not die intestate either; he made a Will in your favor.

  • Therefore, the property never devolved through intestate succession to other legal heirs (like your uncle).

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6250 Answers
502 Consultations

- Since, this property was self acquired property of your grandaunt , then she was having her right to transfer the same to your granduncle without taking others consent. 

- However, this transfer should be by a registered document and the said revenue record is not a title documents

- Hence, your uncle can ask for his share in the property 

- However, as you have a Will and living into the same for the long period , then you can file a declaration suit before the Court for declaring owner of this property on the ground of adverse possession and the said Will. 

- But , it is better to wait for his action 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

Dear Sir/Madam,

it is suggested that the demand made by the elder brother of father is unjustified since the property of the grand uncle was self acquired in nature and the same is not liable to parition as claimed by uncle - father's brother. There are several decisions of the court favoring you and you will be the owner.  

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

Mutation entry doesn’t confer any right, title or interest in favour of person and the objective is only for fiscal purpose: Supreme Court...

2) mere having possession is not sufficient 

 

3) grand uncle could not have executed will in your favour as he was not owner of the property

 

4) you dont  have any better title . settle with your uncle  

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

To perfect a title through adverse possession in India, a person must prove continuous, open, hostile, and exclusive possession of the land for 12 years, without the true owner's permission or action to reclaim it. This involves demonstrating that the possession was adverse to the true owner's rights. 

The possession must be visible and obvious to the true owner and the public, not hidden or secretive. 

The possessor must be the only one using the property, excluding even the true owner. 

The person claiming adverse possession must file a suit in a civil court seeking a declaration of ownership.

The claimant must provide evidence to prove all the elements of adverse possession.

The court will examine the evidence and determine if the claimant has successfully established adverse possession. 

The true owner can still file a suit to recover possession within 12 years of dispossession. 

If the true owner fails to file a suit within the limitation period, their title to the property is extinguished.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Yes you have good title 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

 

Yes, you have a clear and better title. Property was self-acquired, not ancestral. Your uncle has no legal share. His claim is not valid unless he proves fraud in the Will.

Shubham Goyal
Advocate, Delhi
2155 Answers
17 Consultations

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