Legal Question in Real Estate Law in India

Me and my brother relinquished(registered) our right in favor of our father of our property.my father gifted property to me via gift(registered) (non-ancestral property).

I want to sell the house in which i and my brother live.

1.We have been living in that house for 15 years does it amounts to adverse possesion in my brother favor. The gift was made 3 years back.

2.Does his staying in that house amount to any type of possesion.

2.Can i evict him from house as im absolute owner of that house to sell it.


Asked on 6/16/13, 2:28 am

3 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

16.06.2013

Dear Sir / Madam,

1. Since you are also residing in the same house, no adverse possession is created.

2. No.

3. Yes.

Regards,

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Answered on 6/16/13, 3:40 am
Yash Kumar Yash Kumar & Co.

Dear Sir,

In response to your query I have to advice you as under:-

1. There can be no Adverse Possession in favour of your brother as the same is available only to the trespassers.

2. No, he can only be treated as Licensee and nothing more.

3. Yes, you can evict him from your residence.

Thanks

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Answered on 6/16/13, 11:37 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

firstly, you need to file a suit for possession against your brother and only after you legally evict him from the premises, you can sell it off. you have obtained the ownership of the property by way of gift deed but possession of half of portion is still with the brother.

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Answered on 6/17/13, 12:44 am


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