Family Use Of Property Doesn't Give Sister Ownership Rights Over Brother's Property Without Challenging Sale Deed: Delhi High Court
The Delhi High Court has held that mere use of a property by family members does not create ownership rights in the absence of a challenge to the registered sale deed establishing title.Dismissing an appeal filed by a woman and her husband, Justice Neena Bansal Krishna upheld a trial court decree directing them to vacate a property owned by her brother, finding that their continued occupation...
The Delhi High Court has held that mere use of a property by family members does not create ownership rights in the absence of a challenge to the registered sale deed establishing title.
Dismissing an appeal filed by a woman and her husband, Justice Neena Bansal Krishna upheld a trial court decree directing them to vacate a property owned by her brother, finding that their continued occupation was only permissive and did not confer any legal entitlement.
The appellants had argued that the suit property was purchased from joint family funds and formed part of joint family assets.
However, the Court said there may be assets in the name of the family business or acquired from the funds of family business, but this is one property which is the exclusive property of the Plaintiff, as is evident from the Sale Deed.
“The parents of the parties may have lived in the said premises during their life time and that the Defendant No.1 being the sister, may have also come to live in the Flat while the parents were alive and may have continued even thereafter, but they cannot claim any ownership rights in the Suit property,” it held.
Appellants had also relied on an alleged family settlement to claim a right to remain in possession.
However, the Court noted that the property stood exclusively in the name of the respondents under a registered sale deed executed in 2009, which had never been challenged. In such circumstances, the Court held that claims of joint family funding or long-standing residence could not override documentary title.
“This family settlement, on the basis of which the Appellant is claiming a right to property, is already a subject matter in the Suit for Partition. The Appellants are at liberty to take all these grounds in that Suit, to establish their claim on the basis of Family Settlement or the suit property having being put in the common hotch-potch, by the Plaintiff/Respondent,” the Court added.
As such, the Court upheld the decree passed under Order XII Rule 6 CPC (Judgment on admissions) and dismissed the appeal.
Appearance: Mr. Rishi Bharadwaj, Advocate for Appellants; Mr. Rajesh Mahindru & Mr. Birender Chaudhary, Advs. for R-1.
Case title: Ms. Anju Chadha & Anr. v. Bhavesh Madan & Anr.
Case no.: RFA 70/2024