Advocate Shakila Shaikh

Questions Answered by Advocate Shakila Shaikh

Q: Can anyone claim property rights if we stay there more than 30 years?

My father bought a small hutment which was under SRA scheme in 1979. Since my mother has gone to native place he purchased in my uncle - mother's brother. Later on we got flat under SRA scheme. After two years in 1983 my father died. we got the flat in 1985. The original agreements are with my mother only. She has been staying in that property since 29 years. Now after 29 years cooperative society has been formed and they intended to give share certificates. My mother requested her brother to give NOC but he is not answering or refusing. Please advice what to do in this situation?

Advocate Shakila Shaikh answered
Greetings,What I understand from the facts disclosed by you in your query is that your father paid the money but bought the property (the hut) in your Uncle's name(mama) and the SRA Flat is also in your Uncle's name and you and your mother are staying there since 1985 but all the papers, electricity bills, now society bills, share certificates have your Uncle's name on it. If what I have stated is correct then legally it is your Uncle who own's the SRA Flat. Now you want the the share certificate to be transferred to your Mothers name and your Uncle is not cooperating but you have also mentioned that he is not denying it either, therefore you must first wait for him to deny it. .If he denies it and all the documents are in your Uncles Name then there is very little you can do except filing a case in the court claiming that the entire finance for purchasing the hutment was done by your father and the reason for doing so as given by you is that because your mom was in native place then the question is why did he not purchase it in his own name?Your Uncle has not interfered in your right to stay since 1985 and has not even asked you to vacate the flat therefore the ingredients of adverse possession are missing (12 years possession).Wait for your uncles response and try to settle it amicably as so far he has not challenged your right to stay there.