How to take ownership of property which is in possession for 35 years.
2 years ago
hi sir my name is rahul kumar i live in delhi with my father . my father works in a hardware shop since 35 years and we live on upon hard ware shop from more than 35 years my father owner told my father he will give some part of shop and he die after that his wife also told give one of part of the property. and cunduct one meeting with their relatives all relatives told yes because he is working more than 35 years he has right to take one part of property but now my father owner wife playing political game with us we think she will not give us property so please suggest me which step we should take for take our partition of property should we make agreement if make which type of agreement
Rajinder Pal Singh
Responded 2 years ago
Sidhaarth
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
You can plead for adverse possession of the property provided that the following conditions exist. Firstly, the nature of possession of land should be exclusive, continuous, uninterrupted and it should be actual physical possession and not merely constructive possession over the land. Secondly, the possession should be hostile to the actual owner. You have to prove these factors in court to establish the adverse possession of the property.
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You can claim for adverse possession of the property as you are in possession of the property since many years provided that, the following conditions are to be satisfied. Firstly, the nature of possession of land should be exclusive, continuous, uninterrupted and it should be actual physical possession and not merely constructive possession over the land. Secondly, the possession should be hostile to the actual owner.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
It is necessary to know whether your father is still working in that shop and drawing salary from his Employer or not and is there any official letter of employment and other documents for drawing of salary on his part till now.