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can uncle own father's property since he had possession for long time


05-Jan-2023 (In Property Law)
Sir, my father has filed a civil suit (OST) against my uncle(fathers brother) that my uncle is occupying my father share from the inherited property. The case was filed in 2012 jan and now the commissioner has given the IA report that 59 cents is occupied by my uncle that belongs to my father. since my grand fathers will stated that my father can occupy the property after his death, my dad did a survey in 2005 (grand father expired in 2002) and since my uncle did not heed to the request to give back, my dad filed the case in 2012. Can my uncle claim that property since he possessed the property for a long time? Expecting your suitable reply and many thanks in advance! We are Hindus by the way.
Answers (2)

Answer #1
567 votes
Your father can acquire the properties of grand father as per the will.As per the surveyor commissioner report your father is entitled for 59 cents which was in the possession of your uncle.your uncle cannot claim it as it is in wrongful possession of your uncle.
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Answer #2
737 votes
Absolutely your uncle has no right whatsoever to grap the property or the share of your father. More over a Suit was already filed and advocate commission report was also filed in the court. Therefore, you need to take forward the pending case and obtain a decree.
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