property in india
6 months ago
Hi , My father funded a house in india and my aunt and uncle stay there . The property was in my mum's name thewn transferred to myself and my mother . My father has passed away and my brother have taken out a court order to evict my aunt and family . They have never paid rent always asking for maoiny to repair ti etc.. nor paid property tax . My nephew had the audicit to ask us to donate house to them . They have gone to court to say that mt auint has rights to stay in my dad's house - although it house deeds were never in my dad's name . They have stayed in the hopuse for around 20 years.
A.Dear Sir,
You may counter that civil case and there are 99% of winning the case if properly projected before the Court since you are having legal documents.
You may counter that civil case and there are 99% of winning the case if properly projected before the Court since you are having legal documents.
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A.Dear Client,
In the absence of a Courts order or the operative para of the order, it is difficulst to access on what ground your brother obtained an eviction order against your uncle and aunt. However, it may be noted that 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. In case your uncle files an appeal challenging the order of eviction and claims his right of possession on the ground of adverse possession and ownership of the property where they stayed for more than 20 years in view of the above provision of limitation Act, then an order quashing the eviction order may not be ruled out specially when the property is funded by your father who passed away intestate. Reach out to an Advocate for further guidance and steps.
In the absence of a Courts order or the operative para of the order, it is difficulst to access on what ground your brother obtained an eviction order against your uncle and aunt. However, it may be noted that 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. In case your uncle files an appeal challenging the order of eviction and claims his right of possession on the ground of adverse possession and ownership of the property where they stayed for more than 20 years in view of the above provision of limitation Act, then an order quashing the eviction order may not be ruled out specially when the property is funded by your father who passed away intestate. Reach out to an Advocate for further guidance and steps.
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A.Dear Client, if your brother has obtained a court order to evict your aunt and her family, it implies that there may be a legal process underway. We need more information as to understand the basis of the court order.
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