Adverse possession Adverse possession

9 months ago

My father bought a residential property in around 1980 while he serving in the police department in different state, and his brother was landless that time so my father asked him to stay on it. As my father was in different state it was difficult to visit the property frequently but my father always paid the taxes, electricity bill, maintenance of the house. After retirement, when we all moved back to the property his brother and his 2 son's are creating problems, fighting with us verbally, giving threats, asking a big chunk of 70% of the property. Are they entitled for adverse possession?

Anik

Responded 9 months ago

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A.Dear client,

Please immediately file a suit in the civil court to evict him from the land.
Additionally you may also file a complaint against him under section 504 of the IPC. If a person intentionally uses abusive or offensive words in order to humiliate a person or provoke him, he is said to commit an offence under the purview of sec. 504 Indian Penal Code.Section 504 deals with insult with an intent to provoke breach of peace
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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Simi Paul

Responded 9 months ago

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A.Hi client,

Yes, they are entitled to an adverse possession. As nobody from your side has ever tried to stop them from staying there for a such long span of time.
Settle the matter mutually or file a case but chances in your favour will be difficult.

Thanks and Regards
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