Legal Question in Real Estate Law in India

Re: Claim on Land purchased by Father in 1970's - now occupied by someone else

Yes, you can get adequate help from Law.

The first step would be to get a succession certificate from court that the you and your broethers/ssiters are the only legal heirs of the dceased parents, entitled to the property.

Subsequently, you may take steps for evicting the occupant.

Adverse Possession, as advised by acollegue, may not be a valid law currently. Hence, legal action may be for eviction of the trespasser.

Re: Claim on Land purchased by Father in 1970's - now occupied by someone else

After death of your father/mother, you and other class I heirs are entitled to the said property as also to take all legal recourses. In the absence of specific details, no further comments can be made.

Re: Claim on Land purchased by Father in 1970's - now occupied by someone else

You do have the right on the property but you would have to get the land mutated on your name. This can easily be done with mutual consent of all the surviving members. After this you can take the help of the court to get the land evicted.

Re: Claim on Land purchased by Father in 1970's - now occupied by someone else

Hi,

From the facts narrated by you, the said property is now in the possession of a stranger and you were aware of that. Since when did the stranger usurped possession? You and your siblings can very well claim your title on the basis of the title deeds, but if you try to evict the said stranger from his possession through Court, he can very effectively defend such a suit by claiming ADVERSE POSSESSION.

To put it plainly, he may claim that the said property was openly and adversely being possessed and enjoyed by him for past 12 years or more. To claim adverse possession, he has to prove:

1. He was in possession and enjoyment of the said property for the past 12 or more years

2. Such possession and ejoyment was open ( not cocealed from others )

3. Such possession and enjoyment was ADVERSE to you. ( That means such possession and enjoyment was without your permission )

If he puts forward such a defense ( most likely he will ), he must prove all the above elements.

I feel that it will be appropriate for you to plead that he was your tenant (or licencee)and he was living there on the basis of an oral lease. But then, it will be your burden to prove that there was an oral lease. On the reverse, if you plead that he is a total stranger who trespassed into your unattended property ( which is the truth ) you may become helpless if he plead Adverse Possession.

If you intend to plead that he is your tenant, you must:

1. Find out the name and whereabouts of the stranger who is in possession of the property.

2. Varify with the revenue authorities whether tax is being paid for this property. If tax is being paid, know who is paying it or in whose name it is being paid... is it in your father's (or mother's - who is the title holder?) name or in the name of the person from whom your father purchased the property or in ther name of someone else?

NB: If tax is not seen paid for all these years(unlikely) pay it immediately in the name of your father and collect the receipt. Also file applications for effecting the mutation of revenue records.

If the tax is being paid in your father's name but if the tax is not paid for the current year or for any past years, pay it immediately in your father's name and collect the receipt.

It is not advisible to meet or confront this stranger directly. A lawyer notice has to be sent first. Allegations as to the oral lease, rent etc are to be made. Immediately meet an efficient civil lawyer and proceed as he advises you. Discuss with him all what I told you above.

Good luck!

Re: Claim on Land purchased by Father in 1970's - now occupied by someone else

Sir,

You childrens are the Legal Representatives of your parents and also Legal Heirs. So all properties that belongs to your parents would get devolved upon you. So if the property is occupied by some one other, file a suit for possession and declaration before the civil court, before the period of limitation expired or opposite party could claim adverse possession. Also check the authority registers that in whose name title of the property rest.

So to protect your ineterst in the property you need to take urgent steps in this regards.