Land and house ownership dispute between cousins. Our grandfather has 2 wives, married 2nd wife after expiry of 1st wife. My father is the son of second wife and our uncle is the son of first wife. Our grandfather gifted a land and house to his brother-in-law in 1960s but there is no documentary evidence. At the time our grandfather transferred / nominated the name of our uncle (my father elder brother) due to minority of my father. Later after expiry of our grandfather, the land and house willfully equally partitioned in front of villagers and written an agreement in white paper with witnesses in 1980s. After we are in possession in land and house till 2010.
After 2010 we are migrated to Hyderabad. After migration they are in possession. The land title/passbook came in the name of our father in 1999. But house ownership not transferred to my father till now in GP records. Presently after expiry of our uncle (my father brother), the son of our uncle claiming whole property i.e. Land and house and filed a suit in the court saying that the land and house has given to my father just like survival of life but not transferred the ownership. In this situation how to take up the issue, please guide us.
It is not in dispute that following your grandfather’s passing, the entire property was divided among the legal heirs, and in 1980, this partition was documented and witnessed by villagers. Both heirs took possession of their respective property and have remained in peaceful possession until the death of one heir, the elder son of your grandfather. The land title was registered under your father’s name in 1999.
As there has been no dispute between the two legal heirs (the sons of your grandfather) since 1980, the limitation period for the recovery of the immovable property has expired. After 42 years of peaceful possession, it is not possible to raise a dispute in court. Therefore, this civil suit is barred by limitation.
Furthermore, the property in question was transferred to the plaintiff, the son of your uncle, upon his father’s death, and his father never disputed ownership during his lifetime. Therefore, in the absence of documentary evidence of a gift, the beneficiary’s conduct shall be considered. Your uncle never objected to your father’s ownership of the disputed property during his lifetime, which serves as evidence that the property was transferred based on survivorship. There is no deed of alienation, such as a gift or a will to support the claim of plaintiff.
In the current civil suit, you may file an application under Order VII Rule 11(d) of the code of civil procedure to reject the plaint on the grounds of being barred by limitation.
