Property Dispute Issue
8 months ago
Hi,
My father has had his own 1.5-acre property for more than 35 years and he has allowed his 2 young brothers to stay in that property for almost 30 years. Now they are not letting my father and family to stay in that property. The entire property's legal owner is my father. How can we legally evacuate these 2 younger brothers from our property without our loss?
A.Dear Client,
From the contents of the query, it appears that two brothers of your father who were allowed to stay in the said property for long 30 years, are now claiming to be the owner of the property based on the theory of adverse possession. In the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner by the right. Thus, a civil suit needs to be filed by a person on the basis of title within 12 years from the date of dispossession under Article 65 of the Limitation Act, and the time limit commences from the date when the possession of the immovable property becomes adverse to the Plaintiff. As per Sec.27 of the Act, if a person fails to file suit for recovery of possession, within a period of limitation, his right to recover the possession of that property is also extinguished. In the above circumstances, a suit for possession under Section 6 of the Specific Relief Act, 1963 can be brought against the trespasser or appropriate orders can be passed protecting possession of a person under Section 145 of the Code of Criminal Procedure, 1973 when there is any dispute over immovable properties. Reach out to an Advocate for guidance and steps.
From the contents of the query, it appears that two brothers of your father who were allowed to stay in the said property for long 30 years, are now claiming to be the owner of the property based on the theory of adverse possession. In the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner by the right. Thus, a civil suit needs to be filed by a person on the basis of title within 12 years from the date of dispossession under Article 65 of the Limitation Act, and the time limit commences from the date when the possession of the immovable property becomes adverse to the Plaintiff. As per Sec.27 of the Act, if a person fails to file suit for recovery of possession, within a period of limitation, his right to recover the possession of that property is also extinguished. In the above circumstances, a suit for possession under Section 6 of the Specific Relief Act, 1963 can be brought against the trespasser or appropriate orders can be passed protecting possession of a person under Section 145 of the Code of Criminal Procedure, 1973 when there is any dispute over immovable properties. Reach out to an Advocate for guidance and steps.
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A.Dear client,
You can send a legal notice to them asking them to vacate the property. In case if there is no response, then you can file a case for his eviction in the jurisdictional Court.
You can send a legal notice to them asking them to vacate the property. In case if there is no response, then you can file a case for his eviction in the jurisdictional Court.
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