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Procedure to get back self acquired property sold to relative

My father was in army he had purchase a plot from his hard earning and duilt houses on that plot due to his service he had to stay away from our home my step uncle had requested my father to let them stay in our house and he did the same and now after my fathers retirement after 30 years he told them to vacate the houses they refuse to do so can we get our houses back

Answers (2)

Your step uncle has been in possession for last 30 years. He is enjoying the property since then. He must have also created various records at the address of your dad's property in his name. Thus it appears that he is claiming title to the property by way of adverse possession. If a person who is not the true owner of the property is in possession of that property without any disturbance, hindrance or interruption by the true owner and to the knowledge of the true owner and if the true owner does nothing to assert his right and title to the property for a continuous stretch of 12 years then the owner is deemed to have given up his right in that property and the person who is in possession gets a title to the property by way of adverse possession. In your case you say that your dad has asked your step unlce to vacate the place after almost 30 years. This is way beyond the prescribed period of limitation within which the true owner is required to assert his right over the property or do some positive act in that behalf. It seems your dad was away all this while and did nothing to so assert his right on his property. So now it's too late to take any legal recourse against your step uncle who has already perfected his title to the property by adverse possession. Only solution that may be attempted is to try and settle the matter amicably since it is between family members. Your dad may think of giving some consideration to your step unlce to relinquish his right in the flat and handover possession. If that's not working out then your father will have to issue a legal notice to his step brother. See what he replies in response to the legal notice. If he admits the right of your father and states that he has now got title by adverse possession, there is nothing much that can be done if your dad files a court case against your step uncle since the case will be barred by limitation and dismissed perhaps at the first hearing itself. So take a call.

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A suit for specific recovery can be filed giving proof and evidence in relation to ownership of the property demanding vacation of premises. The local court may order an interim relief for him to enter in the premises and stay there together or complete possession there of. A notice may be sent before filing suit.

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