Property Possession related Property Possession related

11 months ago

Dear Sir and Madam,

My father has self-acquired property, and he is deceased without a will and after that, the property got transferred to my mother’s name with both brothers’ NOC. After the property got transferred to my mother my mother executed a registered will and she mentioned the property can be transferred to only one son.
Now I have transferred this property in my name as per the will, but the half possession of my brother’s family is left in this possession she is a widow, in this case how I can take the whole property possession, or should I go for trespassing?
The trespassing is applicable in this case as my brother and his family leaving in this possession for 35 years now.
Please suggest.

Legal Counsel Vidhikarya

Responded 11 months ago

View All Answers
A.Dear Client,

After long 35 years of adverse possession of the property you are now estopped for claiming back your possession of the said property. Even you cannot bring a charge of trespass at this belated stage.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconTree near boundary
Dear Client, It is advisable to discuss the issue with your neighbor and try to solve it amicably. If it's not resolved through verbal request, then you can send a legal notice and demand them to make...
question iconProperty way dispute
Dear Client, You need to adhere to the schedule of the property as mentioned in the Sale Deed. As per the sale deed, you are entitled to the common passage area of 9 feet passage. However, suppose the...
question iconSuit for Declaration Clarification
Dear Client, Chapter VI of the Specific Relief Act 1963 provides for Declaratory Decrees under Section 34 of the Act. Any person entitled to any legal character, or to any right as to any property, ma...
question iconRegarding Preamtion
Dear Client, We would require more details to precisely answer your question on pre-emption rights. In case, a sale deed is executed for the properties in which you hold shares without your consent, t...
question iconBuilding house on land assigned for shop
Dear Client, Generally, it is illegal to construct a house on the land granted for commercial activities or vice-versa without the permission of the local authorities. We would require more details on...