Legal Question in Real Estate Law in India

Real estate & eviction

Under an oral concent my relative is IN OCCUPATION OF MY house No rent has ever been charged by me.He is now relucent 2 vacate the same.If I FILE A SUIT 4 EVICTATION THEN WILL IT B NECESSARY 4 me 2 show that I was in possession of my property within 12 years earlier from the of filling of the suit?


Asked on 9/20/08, 12:20 pm

5 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Real estate & eviction

No. You just need to establish your title. It will be on him to take the plea of 'adverse possession' for which he will have to establish its various ingredients like date of ouster, hostile possession, etc. etc.

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Answered on 9/21/08, 9:12 am
SARATHI VP VP VPS LAW FIRM

Re: Real estate & eviction

yes, if he takes the defence of adverse possession.

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Answered on 9/20/08, 8:17 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Real estate & eviction

yes, you can file the suit for possession within 12 years and after 12 years, the occupant would claim adverse possession. in this situation, your claim for possession would be barred by limitation. u may call upon me at 9811284735 for further clarifications.

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Answered on 9/22/08, 3:08 am
Satyajit Patra Satyajit Patra

Re: Real estate & eviction

You need to proof your case at the stage of evidence only if the defense is taken to that effect.

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Answered on 9/21/08, 1:48 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Real estate & eviction

You need to first decide the nature of suit and then pleadings.

Both these can be decided by consulting your lawyer with all the details and documents in that behalf.

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Answered on 9/21/08, 2:35 am


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