Can sisters claim their share from a 70-80 year old disputed property
3 months ago
CASE
My question is can my mother and her sisters claim their share from a disputed 7 acre prime property land leased in Saharanpur Uttar Pradesh. Original lease was done by maternal grandfather. ( NANA ) in 1930-40s but he died suddenly due to illness in 60s before he could buy this property and could settle the issues with the land. The leased expired but the original owner also died. SO the property remained with children of my maternal grandfather.
There were 3 brothers + 4 sisters . Sisters were married of in 70s and the land was occupied by 3 brothers.
2 claimant parties came with some documents stating the lease was transferred to them but there were no clear documents to support that and they also didn’t have money to register the property on their names . So the battle for possession continued for many years and many new claimants came. The battle is stil continuing. Somehow the other two parties have established their claim but they don’t want to give much money for vacating the property.
Now only 2 brothers are holding on to this 7 acre property with 30 percent build up area. Rest is Trees and plantation in prime location in Saharanpur Uttar Pradesh. Market value is 60 crores. My uncles should get one third that is 20 crores . But the other 2 claimants don’t want to give this much.
Frist brother wants to sell but third one does not want to sell but keep it with himself. Second brother sold his share to third brother and left. So there is lot of confusion.
So now 2 brothers are holding onto this property but they don’t want to share a penny or piece of land with sisters.
What is the position of sister here.( I am son of the eldest surviving sister ) How can they get into this and claim their share. Are there any laws to support it.
All the paperwork has been done on the name of brothers only. Sisters were deliberately kept out. The case and property is stuck with no settlement happening.
Please ascertain who the owner of the property is. In the current matter, if your grandfather had any share in the property, the property would qualify as ancestral property.
According to the Hindu succession act, both men and women children of the owner would get equal share in the property. As per the Supreme Court, women are entitled to equal share of the property. It should be noted that the law applies retrospectively.
The sisters in the case would be legally entitled to the property, you may file a civil suit with this regard.
Thank you.
Both on expiry of lease and lesssee, i.e, your maternal grandfather, the status of the property as of the date is considered neither leasehold nor freehold in the hand of occupiers of the property. From the query, it is not clear who was the lessor of the property because, for non-renewal of the lease, the lessor shall be treated as the owner of the property and in case the Lessor had not taken over the possession of the property back within the limitation period, the present occupiers of the said property can claim its ownership applying the rule of adverse possession.. 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 by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title shall be extinguished and the person who has possession of the immovable property shall become the owner by the right. It may be noted that 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 of the property. So, property occupied by the people for a long i.e. more than the limitation period of 12 years other than the claimants who have not occupied the property may be considered owners of the property. Upon gaining adverse possession over a suit property, the ownership title of the property gets transferred to the possessor, and he can exercise the rights over the property as an owner according to his discretion. In the absence of any settlement between the rival claimants, litigation over the suit property shall continue for yeas ahead
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