I have a property and my aunt stays there.She is old and her Relatives take care of her.Can they claim the property I have a property and my aunt stays there.She is old and her Relatives take care of her.Can they claim the property

2 years ago

I have a property and my aunt stays there.She is old and her Relatives take care of her.Can they claim the property

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
She can't claim the ownership right but she can claim for the adverse possession of the property. For the possession of a property, it is not necessary to be an owner of it. If she has been living there for many years, you can approach the court and get an order for her eviction.
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Anik

Responded 2 years ago

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A.Hi,
If your aunt has been staying there for many years, she can claim for the possession of the property. You can't evict her without a court order. But if the property is in your name and you are the real owner of it, she can't claim any ownership rights in the property.
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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Aap log clear nhi likhte hai ki property ki nature kya hai. Residential hai ya phir agriculture.
Ab dono property par law alag hai.
Ab agar property aap ke naam hai tab aap uske absolute owner hai. Agar property aap ki aunti ke naam hai tab aap ki aunti absolute owner hai. Vah apni property ko jis parkar chahe use kare. Kisi ko de ya sale deed kare ya gift deed kare.
Agar uske ristedaar uski dekh bhal kar rahe hai tab vah unko property de sakti hai. Agar aap ki hai to apni property ki dekh bhal kare.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.Yes they can claim adverse possession if certain conditions are fulfilled. You have not specified for how many years they are staying in your property,whether they are by paying rent or otherwise till date supports your ownership or not and there are other relevant points too so until and unless all the relevant points be shared, precautionary measures cannot be suggested.
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Tanmoy Chattopadhyay

Responded 2 years ago

A.if the property is yours then even your aunt cannot stake claim over it unless some vested right has accrued upon her in due course. If such right has indeed got vested on your aunt then she can rightfully convey that right to anyone she wants without prejudice to the existing right of yours (if any) over the property.
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