Uncle 1can execute deed of rectification to rectify mistake in gift deed
Uncle 2has to prove that he has constructed building on plot
Regarding rectification gift deed
My uncle we identify him as "uncle1" here , have made a gift deed of his self acquired property to my dad(his own brother) via registered gift deed .."uncle1" had constructed A house (RCC structure) with out licence and his katha was still showing vacant plot as he had not regularized the construction ..so when gift deed was executed keeping katha as supporting document in gift deed it was mentioned as vacant plot ...after this my dad paid all dues to muncipality along with penalty and regularized the building and later ekatha was issued in my dad's name showing the building .. This building shares common wall with house of my another uncle we call him "uncle2" , this uncle2 is claiming that house was constructed by him quoting vacant plot in gift deed ..what should we do now
Asked 3 years ago in Property Law
Religion: Hindu
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18 Answers
Dear sir,
Uncle 2 has to prove his title over the building. since the gift deed is registered and there was katha as a supporting document also your father has ekatha in his name, the burden of proof lies upon uncle 2 to prove his right title.
Thank you
1. Is the uncle1 alive?. If this uncle1 is alive, he can clarify that the house building was indeed constructed by him and the uncle 2 is falsely claiming so.
2. Since your father was gifted a vacant plot ( as detailed in the gift deed ) by uncle1, your father has become the absolute owner of the property ( vacant plot ) and even if your uncle2 claims that he built the house on your father's vacant plot, without your father's permission, then the house belongs to your father only, as he is the owner of vacant plot on which your uncle2 built the house.
3. Whomsoever builts a house/building on somebody's vacant plot, legally the owner of the vacant plot gets legal title to the entire property.
Let him go to Court if you have possession. If he has possession you need to file w suit against him in the said matter
if uncle 2 is creating problems unnecessarily, you may ask him to approach court of law for justice, where you can challenge his claim properly based on the documentary evidences in your support.
Since your father has paid the penalty and got the construction approval regularised, this would be sufficient to prove that this building was not constructed by your uncle 2, hence his claim may not be maintainable if he approaches court of law for relief.
The house has been tresspassed after the ekatha was done and when we were not in town and this house, uncle2 has given for rent with out our concent....we have registered criminal tresspass against uncle2 and an eviction suit against tenent... Uncle2 defence is quoting vacant plot in registered gift deed and uncle2 is claiming he has posession of this house from 25 years now ...quoting vacant plot in katha when it was with uncle1 .. we have all required documents in my dad's name 1.registered gift deed, 2. Ekatha with house shown in it 3.tax paid receipts with penalty 4. EC ..what are our next legal steps ..can we get back this house from uncle2's posession
Asked 3 years ago
You have to file declaratory suit that you are absolute owner of house
enclose Ekhata with house shown in it
tax paid receipts
seek orders to direct uncle to vacate house
Your uncle2's claim is vexatious and not maintainable.
The documents in your possession are very clear that your father has paid the penalty for regularization of the construction of building in the vacant site, hence your second uncle's claim is false and fake for the purpose of wrongful gains. You may have to strongly present your argument to retrieve your house property.
Contact a local senior civil lawyer and file a suit for declaration, permanent injunction, possessions and subsequent reliefs and obtain a stay so that U2 may not create any third party interest over the property. Contest the case forcefully. You have a good case and win the case but it would take time , energy and money. Good luck. Go ahead.
Then you can file for rent and injunction order. You can also claim for rent as will as eviction of the said tenant who is inducted without your approval.
Dear sir,
you can file a legal notice against uncle 2 for instituting a suit for eviction. if there is no reply, you can institute a suit before the civil court seeking eviction and establish the true title.
Thank You
- Since, the said constructed house already regularized , then that gift deed is also valid
- However you can correct that clause in the gift deed after executing a rectification deed with nominal stamp duty.
- Further if the uncle 2 is creating trouble , then you can restrain him after filing an Injunction suit against him , however let him prove firstly..
1. The owner of the land is also the owner of the building constructed on his said land.
2. So, though your Uncle 2 is claiming that the house has been constructed by him on the land owned by your father, as per law, your father will be the owner of the said house constructed on the land owned by him.
1. So far you have taken the right steps by lodging police complaint against Uncle 2 and by filing eviction suit against the tenant.
2. You shall now have to diligently pursue the said cases.
My dad have filed fir with police under section 448 for house tresspass against uncle2 and tanent and he has submitted all documents to prove his ownership like registered giftdeed, ekatha,tax paid receipts along with FIR ..now charge sheet has been filed under section 447 and dropped tanent from chargesheet and io has created our statements in our absence ..my dad is a govt employee and he was on duty when his statement was created ..also he has not added any of the documents we provided along with FIR to prove our ownership in chargesheet ..they have created statements which tell uncle2 have constructed house with encroachment ..they have obtained a letter from muncipality which states the house which is tresspassed is encroachment and that house is constructed by uncle2 ..what are our legal options now 1. Above is the status of criminal case against uncle2 and tanent 2. iThere is an eviction suit against tanent ..which is pending for issuesu
Asked 3 years ago
File protest petition before magistrate and seek offers to direct police to reinvestigation and submit report
also complain to commissioner of police against IO for fabrication of documents
3) mention statements t allegedly recorded when father was in office
1. The criminal complaint is not the remedy to this civil dispute.
If your father wants to establish his title and rights in the property he has to file a suit for declaration to declaration his title based on the documentary evidences he relies upon.
2. The eviction suit is to be followed up.
Dear Sir
It is most important that you establish your title over the land before the court.
Additionally you can submit copies of the new statements and the documents you mentioned to the police to give them a clearer picture.
Thank you
1. File an application before the Magistrate hearing the FIR case, stating that no statement has been taken from your father yet and praying for accepting his statement to be filed before the Magistrate for trying the case.
2. Your father shall have to pursue the eviction suit he has filed against the tenant.
Criminal case may be difficult to prove but eviction suit you can succeed