How to take ownership of property which is in possession for 35 years. 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

A.From the facts posted herein it seems that you are in possession of the property in question, be that as it may, do not take any overt steps so as to jeopardize your claim of adverse possession of property concerned, in case settlement is reached with wife of the owner than that's the best option, just keep quite and play safe, thanks
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Sidhaarth

Responded 2 years ago

A.Your father was merely an employee in hardware shop but being employee does not confer him any right or right of ownership in any part of shop. An employee shall always remain an employee and an employee ever after working for 35 years cannot become owner on the basis that he had worked as employee in the shop nor he can make any claim on the basis of his employment. Even if deceased owner has expressed to give one portion or that his wife and relative also confirmed does not create any right in favour of your father or his children. A charity or intention to make charity cannot be claimed as matter of right unless the intention is formalised on paper by concern person. So your father nor you have any right to make any claim even if wife of deceased owner back out from her words.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
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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Anik

Responded 2 years ago

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A.Hi,
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

A.If your father is still the Employee of that hardware shop and drawing salary through cheque or bank transfer,then adverse possession cannot be claimed on his part even though he is staying there for more than 12 years and in such case the Landlady has the legal right of eviction.
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.
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