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Author Topic: Joint property claim after 18 years possible ?  (Read 288 times)

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Offline legal76

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Joint property claim after 18 years possible ?
« on: March 23, 2016, 11:30:37 PM »
Sir ,

We are living in a BDA/BBMP  ( Bangalore Development Authority) approved layout past 8-10 years. Now we see that few legal heirs have care claiming share based on joint family partition that happened 18 years ago ( in 1991).

Here is the history.
There were two brothers X & Y. They  had property which was in joint possession - 3.3 acres of land ( got from father who in turn got via inam abolision act). X & Y  sold portion of it measuring  1.92 acres together while in joint family . Remaining 1.38 acres of land was in joint possession. In 1991 , Mr . Y after death of X ,  got  this 1.38 acres of land  in his name via mutual partition with X's wife ( X's wife was given some other piece of land which they jointly  owned).  There are records to indicate this. X's sons were major that time. They were not involved in this partition and done between Y and X's wife only at least records seem so.

Later Mr .Y sold this 1.38 acres of builder and sites were created there in 2004. People started living there peacefully , constructed homes.

Now Mr.X son's have come up ,saying Mr .Y got possession of 1.38 acres illegally without involving them.  They filed case in session court in 2009 ( opened eyes after 18 years),  for entry of their names in Mutation Register . They got it done somehow via tahsildar. When residents appealed in high court , high court court ruled it in their favor asking X'sons  to prove their ownership before entry in MR  . Now in 2016 they have filed civil suit against X sons and person to whom Mr Y sold land including  people who are living the layout.
They are demanding half share in 1.38 acres.

Question : Is this valid ? They have come almost after 18 years ?  . How do you see chance of  Mr.X's legal heirs now ? What about people living in layout with homes constructed paying taxes ?
Do you see this case dragging for long ? What's the usual conclusions in such cases ?


Offline rajgopal sripathi

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Re: Joint property claim after 18 years possible ?
« Reply #1 on: March 24, 2016, 08:18:55 AM »
By a perusal of your query things appear favorable to the residents because of law of limitation and also they being in possession of properties since 1991.
however we will need to see the records by which  Mr . Y  got this land after death of X and the way the partition has been executed by Mr.Y and Mrs.X .
Also we need to see the High court orders as well as the plaint petition to see the grounds on which Mr.X's children have filed the suit.
From my experience, i can say things do appear favorable to residents, but can give you sure shot advise after perusal of above documents.
Hope this helps.
Rajgopal Sripathi


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