Property dispute on maternal uncle's property and our rights in the property
1 year ago
I stayed with my maternal grandparents since birth. In 1998 my grandparents sold the property and constructed a house in a different place where I am residing till now. My grandfather expired in 2005 and my grandmother in 2013. My mother stayed with them as well as she is a widow and dependent on grandfather. . Of late, my aunt, want us to leave the house as the land is registered under her name. My grandfather has 4 children , my mom being the eldest followed by my masi and two mama. The third child of my grandparent, expired in a car accident in 2000 survived by his wife and daughter. It is his wife who is asking us to leave. To let you know, we came to know that the land was registered under her name ,very recently. Even my grandparents were not aware of the fact, as the money was given by them to mama(who expired) as a matter of trust. My mom is mentally challenged and is the only one who resides in that property now. The wife of my deceased mama( who wants us to leave) lives in a different City and owns a house there, which he constructed before my grandparents moved into this property.
What should I do now?
Is there any chance my mom can stay in that property considering her age and mental condition?They made us sign the stamp paper stating that me and my mother has no claim on the property. Is there any provision under law as such? Kindly advice. It would be great help.
Since the property is registered in her name (your aunt) hence legally she has all the rights in the property and she can take any decision in regards to the property.
Additionally you signing NOC on stamp paper makes her case even stronger.
Since you and your mother living in that property for more than 20 years you can claim for possession and or you can ask for compensation regarding this.
Title over property can be claimed by way of Adverse Possession. It is mandatory that the possessor must be having possession of the property for more than 12 years to claim adverse possession.