Joint property and possible adverse possession
My father who died in 2009, his properties were transferred to 4 brothers name.
I live in Canada and would like to get my share, hence when I visited India in 2012 and tried mutual resolution/ distribution of properties under a lawyer guidance was unsuccessful. After I left India, one of the brother living in India paid advance Municipal taxes for 12 years from 2009 to 2021 on the properties.
He has history of selling properties which my father bought by his name when my father was alive.
What are the chances he could get adverse possession claim.
To secure and get share in properties what should I do.
Asked 2 years ago in Property Law from Canada
File without delay - suit for partition followed by praying for possession mandatory and permanent injunction.
1) you have to file suit for partition to claim your share in property
2) it should be your case that property was bought in brother name for benefit of joint family
3) seek an injunction restraining brother from selling the property
Hi, you have 1/4th share in the properties if you want your share you have to file suit for partition of your share in the properties.
2. Your brother can't claim adverse possession if he paid 12 years Municipal taxes.Law of adverse possession is entirely different.
1. Paying advance municipal tax for a property does not confer title on it,
2. The question of adverse possession arises when some one stays in possession of a property owned by some one else against his expressed wish for a minimum period of 12 years. The instant case does not attract adverse possession,
3. You should now file a partition suit before the Civil Court seeking partition of your deceased father's properties,
4. Engage a local lawyer having expertise in this field.
1. How were the properties of your father transferred to his brothers? The legal heirs of your father are his mother, widow and all children. Unless your father made a will wherein he excluded you from succession to his properties you have an equal share in all his properties which you can cull out by filing a suit for partition in the civil court. To restrain his brothers from alienating the properties you can seek injunction from the court.
2. Adverse possession is not attracted when there is succession.
Adverse possession claims will fail as in your case, your father died in 2009 and you are a resident in Canada and having properties in india.
Payment of advance municipal taxes- not a valid claim at all in any circumstances. It is a duty on the legal heir to pay taxes. Payment of municipal taxes does not confer ownership.
File a suit for partition for all of your father's properties under muslim laws.