Regarding Title Suit

Question

► My sister-in-law has filed a title suit against me with injunction application in her property and accusing me for torturing her physically and mentally going to her house with persons with me. I have received a summon to appear in court. However, I have not done anything so. The property in which she is staying, it is a joint property of me and my sister-in-law, as given by mother-in-law. My mother-in-law had passed away at the age of 101 years, and she was staying with me in a adjoint house for 34 years (which includes 27 years after my husband's death). In this duration, neither my sister-in-law or her husband (currently no more) has taken care of anything of my mother-in-law. The property where my sister-in-law resides it was her and my mother-in-laws property joint property. My mother-in-law given me her portion with gift deed. However, my sister-in-law has not allowed us to enter or take possesion of that. Now, suddenly after mom-in-laws death, she has file a case against me. what should I do now?

Answer 1

Dear Client,

A title or possession suit is decided on documents and evidence of title and possession. It allows a titleholder to recover property through Section 5 of the Specific Relief Act, read with the Code of Civil Procedure. And Courts look into the registered instruments, record of possession and witness statements. An interim injunction is issued only if the plaintiff shows a prima facie case, balance of convenience that is in her favour and the irreparable injury suffered. Gift deeds must be executed validly and lawfully registered as per the relevant provision of the Transfer of Property Act and the Registration Act. If your mother-in-law gifted her share to you, a registered gift deed along with delivery of possession will constitute title unless the plaintiff proves fraud. Long possession can strengthen your claim of rightful possession. Based on the fact that you lived in nearly 34 years, Article 64 or 65 of the Limitation Act may be applicable based on your title or possession of the property.

Since your sister-in-law has already started the legal procedure, you must engage a lawyer immediately. File and serve your written statement in defence. If any ex-parte injunction has restrained you, you can file an application to set aside or recall the injunction and ask your matter to be heard. Present all the documentary evidence of the gift deed, title documents, chain of title, witness affidavits etc. Get a possession affidavit of the property stating your continuous possession. Prepare a written statement of denial of the mental and behavioural allegations your sister-in-law alleged against you. Attach witness statements vouching your behaviour. You can request the court for the grant of interim relief if your sister-in-law prevents you from entering the place, you can ask for interim possession. If your sister-in-law threatens you or commits any act of illegal possession, you should contact the police and get an FIR filed. I hope this helps you in solving your problem. If you have any further queries, please feel free to reach out.

Regarding Title Suit

1 Answer