"X' entered into agreement before 19 years with "Y' for constructing a house and authorised to pay the house tax, electricity bill, water. The agreement expired after 6 months and was never renewed. "X" also died shortly after that. No other document was signed by "X" to make'Y' the legal owner of the land. "Y" continues to pay house tax for the house constructed in the land for these period.Now, the daughter of 'X' who does'nt know till now that 'Y' posseses the land just over an agreement, that too lapsed, wants to claim as the legal successor of this land. "X" has no other children.What law says about this? Can this case be fought in court in favour of the daughter? What proof should be provided by the daughter?
2006-11-09 00:33:12 · 3 answers · asked by nakkals 1 in Politics & Government ➔ Law & Ethics
Law says that Y now owns the land.
The doctrine is called "adverse possession"[1]
Basically is someone else lives on your land in visible, hostile, notorious, exclusive, and continuous manner and you take no action about it for some period of time(usually 10 years but check your state) the person living on the land gets the title.
IN your case Y lived there for 20 years, in a visible matter, she made no secret about it(paid taxes) -- thus you will probably have no claim.
Then again talk to lawyer there might be some loopholes you can squeeze through.
2006-11-09 05:44:27 · answer #1 · answered by hq3 6 · 0⤊ 0⤋
The daughter can only approach the court of law for declaration of title and has to show how the land has come into possession of X, like it is hereditary (Though will, etc) and prove her succession to x.
2006-11-09 01:17:11 · answer #2 · answered by seshu 4 · 0⤊ 0⤋
is this joint tenancy, or tenancy in common??
2006-11-09 00:35:37 · answer #3 · answered by Anonymous · 0⤊ 0⤋