Claim of Property which my dad owns .

744 votes

In your case, since the shop is part of a family property and there is no formal agreement, the key aspect would be proving your father’s long-term possession of the shop and the fact that it was recognized as his in the family arrangement. Under Indian law, especially in cases of joint family property, possession and family arrangements can play a critical role. Since your father has been in possession of the shop without paying rent or having receipts due to the joint family arrangement, this could be considered as long-term occupation, possibly giving him a claim to the property under adverse possession laws, provided he can prove continuous possession for at least 12 years without any objection from other family members. Even though your father does not have a formal agreement, witnesses, photographs, or any old correspondences that show your father running the shop or that the shop was part of the family arrangement can help substantiate his claim. A legal remedy would be to file a suit for declaration of ownership and possession in a civil court. You could also file for partition if the shop is still considered joint family property, asking the court to officially divide and allot the shop to your father based on the family arrangement. If your father’s brother refuses to acknowledge the claim, the courts may also look into the concept of family settlement agreements. These agreements, though often informal, are recognized in law and can be enforced if it can be shown that the shop was part of the settlement. Additionally, consider the case of Kale and Others v. Deputy Director of Consolidation (1976), where the Supreme Court held that family settlements are binding if made voluntarily and can be enforced even if not formally registered, as long as possession or division was mutually agreed upon. Your father may also consider approaching a mediator to resolve the matter amicably, but if that fails, legal action may be necessary.

Advocate Rohan Venkatesh Yemul LawRato