Do we have any rights over the property if we are staying for 30 years
15-Dec-2023 (In Property Law)
We are from undivided Hindu family living in a house for 30 yrs.land is in my uncle name (just Booz he z eldest). He went to Delhi in 1982. We got house constructed in 86 on that plot. We are three brothers I.e. Two chacha n papa living here.Verbally he dint have right on that. He z very well settled but now he z asking for his share. We don't have ny other place to live in. Brother z suffering from chronic disease. What shud v do.
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.”
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.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."