Adverse Possession
3 years ago
Respected ma'am/Sir,
I have been living ( In the Possession not rented) with my father in the
premises for the last 70 years.This
premises is located at first floor on the Dharamshala.This Dharamshala
was formed by my
Dadi's Nanaji about 150 years ago.Since then I have been living
(third Generation) here
followed by my father and dada / dadiji. According to the deed made
my founder of this
Dharamsahala this whole property is attached with Thakurji Maharaj
Temple located in
premises.
My Dadi had four brothers,all expired now,by them the daharamshala
was managed.My
Dadi had also been expired in 2014.
Now Dadi's elder brother's son has become a Sarwarakaar(Trust Manager)of this
property,He is now forcing my father to vacate the premises as soon
as possible.
Sir/Ma'am I wanted to know does he hold any authority to ask us to
vacate the primises.
Can I get the benefit of adverse possession over this property?
please guide us,I shall be highly obliged,
Thanking Yours,
Nitin Saxena
Etawah U.P.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
As you have been in uninterrupted use and possession of the property for more than 12 years, you can file a valid suit for adverse possession. We would also recommend that you serve your uncle with legal notice of the same. Complain about his criminal intimidation under Sections 503 and 506 IPC.
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Yes, you have met all the requirements and as such, can file a suit for adverse possession. Serve the uncle with legal notice to stop harassing you.
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