Sunday, 11 November 2018

Whether one brother will become owner of property if his name alone is mentioned in municipal corporation record?

 As regards the question of limitation, the appellants have contended that the cause of action was triggered in the year 1995, when their predecessor Ramchandra expired and they claimed half share in the property, while the respondents have contended that the appellants should have rushed to the Court when house was constructed by Trimbakrao, their predecessor, in the year 1974 and when his name was reflected in the Corporation records as the owner of the house. It is to be appreciated that Ramchandra and Trimbakrao were brothers and it is conceded even by the respondents that relations between them were cordial throughout. The construction of a structure of only about 600 sq.ft. on the suit property was not an event that would demonstrate that the rights of Ramchandra were being refuted by Trimbakrao. In any case, there is no evidence on record to show that the aforesaid structure was constructed exclusively by Trimbakrao or the expenses were jointly borne by the two brothers or that Ramchandra had exclusively paid the expenses for the same. Mere recording of the name of Trimbakrao in the Corporation record, would be of no avail because the authorities had issued notices and recovered non-agricultural assessment tax even from Ramchandra and at best such documents demonstrated that both parties were jointly in ownership and possession of the suit property. The appellants are, therefore, justified in claiming that the cause of action was actually triggered when the respondents acted in a manner which signified that they were refuting the claim of half share in the suit property made by them in the year 1995 upon demise of their predecessor Ramchandra. Therefore, the trial Court erred in holding that the suit filed by the appellant was barred by limitation.

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Second Appeal No. 324 of 2002

Decided On: 23.03.2018

Hemant  Vs. Naresh and Ors.

Hon'ble Judges/Coram:
Manish Pitale, J.

Citation: 2018(5) MHLJ 246.
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