Do we have any rights over the property if we are staying for 30 years

502 votes

Since the property is in the name of your eldest uncle, the law of adverse possession of property would apply in this case. Adverse possession is what happens when the real owner of property (in this case, your eldest uncle since the land is in his name) loses his ownership right when he fails to remove a "trespasser" from the property within the statutory period (12 years in case of private property). For ownership by adverse possession to kick in, three conditions need to be satisfied. First, actual possession, which includes physical construction. In your case, you have constructed your house on the land in dispute. Secondly, open possession. Which means that the construction/use should not be in secret, and also that the owner (in this case, your eldest uncle) should have knowledge of such use. Third, exclusive use. Adverse possession can only be claimed when you have exclusive use of the property.

Since your uncle has not claimed his share in the property for over 12 years, and if the other mandatory conditions as stated above are satisfied, you can lay a claim to the property by the law of adverse possession. The Supreme Court in the case of Karnataka Board of Wakf vs. Government of India said, “In the eye of law, an owner would be deemed to be in possession of a property so long as there is no intrusion. Non-use of the property by the owner even for a long time won’t affect his title. But the position will be altered when another person takes possession of the property and asserts rights over it and the person having title omits or neglects to take legal action against such person for years.”

Advocate Rohan Mittal LawRato

517 votes

You have no rights over the property. I would advise you to resolve the issue amicably. You may file any suit in the court but at the end of the day you must have a right on the basis of which you claim to be a right holder or having an interest in the property.
The only thing which comes to my mind is you can claim that there has been an oral Family settlement in the family and on the basis of Oral Family settlement you got construction done on the land and now your uncle is backtracking and causing your immense mental and financial/economical harassment and can file a suit for Declaration and Permanent Injunction.

Advocate Amit Kumar LawRato