They can't take whole property. Adverse possession can't be assessed unless possession is hostile
Title dispute
Mr X purchased a land in 1952 in Delhi.Mr. X is have 2 sons and 2 Daughters I.e. Elder Son A Younger Son B Elder Daughter C Younger Daughter D 2. Before 1965 Mr X was living with Younger Son B. 3. In 1965, Elder Son A came to Delhi because he was suffering from Cancer. He was having 2 childern i.e. Elder Daughter AD and younger Son AS. Elder Son A Started Living in the 1/3 of the Property 4. In 1967, Mr. X done a Registered Will in the Name of his Wife Mrs Y. in WILL, he stated that after my death the whole property will belong to my wife Mrs Y and if she wants she can give the Property to Legal Heirs 5. In 1968, Elder Son A died as he as suffering from Cancer and Mrs Y(Wife of Mr X) died. 6. In 1969, Mr. X done a another Registered Will invoking the Previous WILL which States that Whole Property Owner is Younger Son B. Elder Son A Legal Heirs and Wife of late Elder Son A will be living as License in 1/3 of Possession and Can be Evicted anytime by younger Son B. Younger Son B was treated as Licensor and Owner in WILL. 7. In 1971, Mr. X died and post that oral family settlement(NO Proof Now) done where younger son B said he want to divide the property as per Hindu Sucession Act and not as per Will. Daughter C and D said they dont need any share. Mr AS and Mr B moved the wall to 1/2 of the property and started living in their own halves post that. 8. In 1977, Elder Daughter A and Younger Daughter B(Other 2 Legal Heirs of Mr X) done a Registered Relinquishment Deed in the name of Mr AS and Younger Son B giving there Whole Ownership Equally To Them. At that time signature was not required in the name of person who is getting the propery via Relinquishment Deed. Younger Son B accompanied with all legal heirs while creating the relinquishment deed(again no proofs now). 9. Younger Son B is having 4 Legal Heirs (Elder Daughter BD1, Elder Daughter BD2 , Elder Son BS1, Younger Son BS2) 10. In 1994, Younger Son B died. 11. In 1998 with greediness, Legal Heirs and Wife of Younger Son B has done there Own Relinquishment Deed and said that the whole property belong to them and they are in possession of whole property and the Daugthers and Wife gave the share to Elder Son BS2, Younger Son BS2. But they are actually having possession of half of the Property when they created this document. 12. Mr. AS(Legal Heir of Son A) has done the Mutation of Half Property in his name since 1997 and paying the Electricity, House Tax, Sewer Develoment Charges Bills from Many Years. 14. Also Mr. AS has Revamped(Re-Structure) the home in his Half around 1990 and 2002. Can anybody help me about that whether Mr. AS can take Title of His Half and What is possibility of wining the Title?. Does adverse possession is applicable on this?. Legal Heirs of Son B are very greedy and want to take whole property. Please guide
Asked 3 years ago in Property Law
Religion: Hindu
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4 Answers
Will executed by X has not been acted upon . Mutation on basis of will not done during B lifetime
2) AS can file declaratory suit that he is absolute owner of 50 per cent of property
3) that his aunts have executed relinquishment deed for their share in property
4) that mutation of 50 per cent share has been done in his name
1. as per X's second Will the property was to go to his son B
2. However B is not claiming under the Will since he has taken registered release deed from the daughters of X
3. So B or his legal heirs cannot now rely on X's second Will since B gave up his right of exclusive ownership under the Will
4. so the property of X will devolve on his legal heirs as per intestate succession
5. as son of A i.e. AS has been living in half of the property since 1997, he has perfected his title by adverse possession for that half
6. legal heirs of B can still claim right over the other half which is not in possession of AS
7. If the legal heirs of B also claim over the half portion possessed by AS then they will have to file an eviction suit against AS
8. Not possible to predict as to who wins over the title as anything can happen in court
If at all the legal heirs of B are creating problems to AS towards the half share of AS, then AS can approach court with a suit to declare his title to the property in which he had been living peacefully for more than 12 years operating the law of adverse possession besides the other relinquishment deed reported to have been executed by other legal heirs earlier.
The can also file an injunction application restraining the opponents to not indulge i any illegal activities agaisnt the plaintiffs to evict them till the disposal of the suit
