property issues revolving around 1st wife, husband and 2nd wife
6 months ago
House(bought in 1946) Sale deed is in 1st wife's name, but money paid by husband which is clearly mentioned in sale deed's office use column.
The 1st wife has 5 children.
After death of 1st wife, husband marries 2nd wife legally. The 2nd wife has 5 children.
Husband dies leaving 10 children and 2nd wife.
After that the 1st wife's 5 children leave the house.
From past 50 years Only the 2nd wife's 5 children are living in the house paying all the taxes, electricity bills and water bills.
Also from past 50 years khata is in 2nd wife's name and sale deed still in 1st wife's name.
Now after 50 years the 2nd wife's grandchildren are claiming that the house belongs to their grandmother (since sale deed is in her name still).
Now what is the justice for 2nd wife's children and grandchildren who are still living the house since 50 years.
How can 2nd wife's children and grandchildren claim the house in which their are living from past 50 years.
Please help with legal points.
A.Dear Client,
The property of the grandmother in the hands of the grandchildren is the ancestral property and they are entitled to an equal share in the said property since their birth, but from the contents of your query, it appears that the grandchildren of the first wife raised their claim to said property after a long 50 years. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title and that term shall begin from the point at which the possession of the defendant (2nd wife and her children) becomes adverse to the Plaintiff (grandchildren of Ist wife). So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on the title stands extinguished and the person who has possession of the immovable property shall become the owner as per the theory of adverse possession. In the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. Thus, a civil suit needs to be filed by a person on the basis of title within 12 years from the date of dispossession under Article 65 of the Limitation Act, and the time limit commences from the date when the possession of the immovable property becomes adverse to the Plaintiff. As per Sec.27 of the Act, if a person fails to file suit for recovery of possession, within a period of limitation, his right to recover the possession of that property is also extinguished. Reach out to an Advocate for guidance and steps.
The property of the grandmother in the hands of the grandchildren is the ancestral property and they are entitled to an equal share in the said property since their birth, but from the contents of your query, it appears that the grandchildren of the first wife raised their claim to said property after a long 50 years. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title and that term shall begin from the point at which the possession of the defendant (2nd wife and her children) becomes adverse to the Plaintiff (grandchildren of Ist wife). So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on the title stands extinguished and the person who has possession of the immovable property shall become the owner as per the theory of adverse possession. In the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. Thus, a civil suit needs to be filed by a person on the basis of title within 12 years from the date of dispossession under Article 65 of the Limitation Act, and the time limit commences from the date when the possession of the immovable property becomes adverse to the Plaintiff. As per Sec.27 of the Act, if a person fails to file suit for recovery of possession, within a period of limitation, his right to recover the possession of that property is also extinguished. Reach out to an Advocate for guidance and steps.
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A.Dear Client,
The sale deed being in the name of the 1st wife suggests that she was the legal owner of the property. The fact that the husband paid for the property and this is mentioned in the sale deed's office use column may be considered as evidence of financial contribution. After the death of the 1st wife, her legal heirs (5 children) might have rights to the property based on inheritance laws in India. When the husband died, his legal heirs (including the 2nd wife and possibly all 10 children) would have claims to his estate, which may include a share of the property. The 2nd wife's children have been in possession of the property for 50 years and have been paying the expenses associated with it. This might provide them with certain rights under adverse possession laws. Gather Evidence: Collect all relevant documents, such as the sale deed, Khata, records of payments, and any other evidence that supports the claim of the 2nd wife's children.
The sale deed being in the name of the 1st wife suggests that she was the legal owner of the property. The fact that the husband paid for the property and this is mentioned in the sale deed's office use column may be considered as evidence of financial contribution. After the death of the 1st wife, her legal heirs (5 children) might have rights to the property based on inheritance laws in India. When the husband died, his legal heirs (including the 2nd wife and possibly all 10 children) would have claims to his estate, which may include a share of the property. The 2nd wife's children have been in possession of the property for 50 years and have been paying the expenses associated with it. This might provide them with certain rights under adverse possession laws. Gather Evidence: Collect all relevant documents, such as the sale deed, Khata, records of payments, and any other evidence that supports the claim of the 2nd wife's children.
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