My father made a registered will in 1969 and by virtue thereof he bequeathed the first floor premises to my brother and decreed that my mother, in her lifetime, would continue to occupy the ground floor premises without right to either let or alienate the property through lease or otherwise mortgage or encumber it in any manner whatsoever.It was also stipulated in the will that after my mother's death, the ground floor premises would devolve unto me. While my father died in 1973, my mother passed away in October 1997. It so happened that as I was living in the United Arab Emirates, she asked her sister who had two minor sons at that time, to come and live with her and they have been living there since 1975.
Even though my aunt is aware that I am the new owner of the premises occupied by her and her sons, she is not showing any signs of moving despite my having broached the subject a couple of times. Can she claim any rights under the law of adverse possession? What should I do tosafeguard my interest?P P Singh, Mathura
To begin with, based on your father's will, you should get the property mutated in your name in the municipal records of the town so that your legal ownership to the property is enforced. Thereafter you should send a legal notice to your aunt to vacate the ground floor premises which she is illegally occupying as a trespasser. Give her reasonable time, say three months, to make alternate arrangements.
There is no way that she can establish any legal title to the property. The Law of Adverse possession does not apply in this case because up to October 1997 she was living there not in her own right, but as a guest of your mother and thereafter a trespasser -- an arrangement that does not have your seal of approval as the new owner. In any case consult your lawyer.
My friends purchased a farm plot measuring one hectare from Ansal Properties & Industries Ltd near village Bijwasan in south-west Delhi in 1984 for a purchase consideration ofapproximately Rs 6.75 lakh and they built there on a farm house with plinth area of 100 sq mt for residential use strictly in conformity with the subsisting MCD rules and bye-laws in 1985.
They have been living there ever since and utilising remaining lands for floriculture, horticulture and agriculture including bee-farming. In 1990, by government notification, this area was included in the NCT of Delhi control area and the MCD started raising property tax bills after determining the rateable value, by including the entire cost of land as on 1st April, 1990 notional rates and added to it the estimated cost of construction.
Is this correct, particularly when neither street lighting nor water nor scavenging services are being provided by the MCD. The state of the roads is deplorable and whatever repairs have been carried out are at the cost and behest of the residents welfare association.
Akshay Kumar, Delhi
The Delhi Municipal Act of 1994 clearly specifies that while no taxshall be levied on agricultural lands and buildings, the dwelling units shall be taxed. It would therefore be encumbent upon the occupier to establish to the satisfaction of the MCD the area of land and buildings that are under agricultural use.
To establish agricultural usage, the farm owner should obtain year wise Khatauni from the village Patwari to show that the area was actually under agriculture, floriculture or horticulture use and was assessed for payment of land revenue.
Any area not specifically under the aforesaid usage would be deemed to be used as dwelling area (buildings, lawns, courtyards and other open areas).Once the dwelling area has been identified, its cost should be determined as is done in respect of any other house property. The rateable value shall be fixed at 10 per cent of cost so determined less 15 per cent standard deduction for repairs, maintenance and fixtures etc.
It may however be pointed out that the high power committee (Vijay Kumar Malhotra Committee) whoserecommendations have still to be ratified and adopted, has proposed that the rateable value should be 10 per cent of the market price of land and depreciated cost of construction in the year of assessment (1990 in the present instance).
G P Khungar is a real estate consultant and a former director (corporate affairs) of Ansals Ltd
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