• Ancestral property

After the demise of my father and uncle we became the legal heirs to the ancestral property of 2 plots of 1biga each. My mother n we 2 brothers and uncles widow with 2 sons and a daughter. My aunt in 2000 donated from her share through registered deed 30 sq yds of land to care-taker who happened to be residing as a tennant in the plot which after family settlement came in our portion. Now the question being as to the caretakers right on the area he is residing in our plot. Does he become a owner , no demarcation is done in the registered deed, only that he gets 30sq yds from the share of my aunt, and now that aunts share is in the other plot what right the caretaker has on the area he is occuping as tennant.
Asked 11 months ago in Property Law from Kanpur, Uttar Pradesh
Religion: Hindu
1) it is necessary to peruse deed of family settlement to advice . 

2) caretaker will be absolute owner of 30 square yard of land bequeathed by aunt . 

3) it is necessary to have demarcation done of the area of plot which would be  in his share 

4) division of property should be done by metes and bounds among family members 

5) you should have in regd deed specified that tenant would be owner of property lying in his possession . 

6) if gift deed is silent tenant can continue to claim tenancy rights on plot in his possession 
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
Hello,
1) The care taker has been given 30 sq.yards of land through  registered Deed, that is all he will have right over.

2) If the tenant has been paying rent and if there is a rent agreement and if you want to evict him you can ask him to vacate. As he has already a piece of land allotted to him that should be a reasonable arrangement.

3) However if the tenant has been occupying the land/house without any rent agreement in place there is a possibility of him getting the benefit of adverse possession and title to the property thereof.

Let me quote what adverse possession means:Title to land is acquired by adverse possession as a result of the lapse of the Statute of Limitations for Ejectment, which bars the commencement of a lawsuit by the true owner to recover possession of the land. Adverse possession depends upon the intent of the occupant to claim and hold real property in opposition to all the world and the demonstration of this intention by visible and hostile possession of the land so that the owner is or should be aware that adverse claims are being made.

The legal theory underlying the vesting of title by adverse possession is that title to land must be certain. Since the owner has, by his or her own fault and neglect, failed to protect the land against the hostile actions of the adverse possessor, an adverse possessor who has treated the land as his or her own for a significant period of time is recognized as its owner.

Title by adverse possession may be acquired against any person or corporation not excepted by statute. Property held by the federal government, a state, or a Municipal Corporation cannot be taken by adverse possession. As long as the property has a public use, as with a highway or school property, its ownership cannot be lost through adverse possession.
Elements In order that adverse possession ripen into legal title, nonpermissive use by the adverse claimant that is actual, open and notorious, exclusive, hostile, and continuous for the statutory period must be established. All of these elements must coexist if title is to be acquired by adverse possession. The character, location, present state of the land, and the uses to which it is put are evaluated in each case. The adverse claimant has the burden of proving each element by a preponderance of the evidence.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi, Without partition of the property your aunt has no right to dispose of the property by way of  gift.

2. Now the property gifted to you is made available to your share so ask them to quit the property issuing Notice under section 106 of the TP Act, if the tenant fail to vacate the property then you have to file a suit for eviction.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. A person can convey the title of the property which he/she owns in his/her name,

2. In the instant case, your Aunt did not own any share in the area of the property title of which she has conveyed to the caretaker,

3. The said registration is invalid,

4. File a declaration suit praying for a declaration that the registration of the said conveyance deed is invalid with a direction upon the registrar to cancel the said registration and direction upon the caretaker to vacate the place occupied by him without any authority.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
If the portion of land now being occupied by the care taker falls in your portion of partitioned land, you may orally ask the occupant to vacate the property, if he is not listening to the oral request, you may issue a legal notice asking him to vacate or to face legal action for which he will be held liable for the costs and consequences. If he still not obliges, you may file an eviction suit based on the partition records and allotment of the property as per the schedule.
If at all he has any claim, he may approach the person who promised him of the land.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
One can alienate his share in the ancestral property if the share is fixed as on the date of alienation but the transferee cannot take possession of the share transferred to him unless the partition has taken place. This is the law of the land. So when partition takes place the caretaker would be able to take possession of his share. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
That gift is void because property is uncertain in lack of demarcation. If gift deed is registered then again that registration is void because gift deed cannot be registered in devoid of demarcation under section 21 registration act. File a application before tahsildar and evict him from the land.
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0

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