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Possession of Family house - Need advice regarding Indian law
06-Feb-2023 (In Property Law)
Hi. I'm from Sri Lanka. My father has a property in Tamilnadu and since we live in SL, he allowed a few family members to use the house until one of us needed it and would approach them, without any form of financial transaction involved. They've been living there rent free for more than 50 years, while the house was under my dad's name. However they claim that they had transferred property to their name. Would it be possible for me to legally claim my father's house now? The people living there currently have been quite hostile and claim that the house is now their's and none of my father's children have any rights over it.
Could you please advise as to what the Indian law says regarding this, if I can claim my father's house rightfully in courts, I can come to India to legally handle this.
Thank you in advance. Appreciate your time and effort.
Fifty years is really a long time to brush aside. If you have anything in writing to show that your father permitted the occupants to stay only and not to make any claim with regard to the property then you can recover the property through court. Evidence showing that you or your father or any of his representatives visited the property frequently to stay or supervise will also help. Otherwise, Indian laws consider such scenario as desertion of property by its owner, and the claim by the occupants as lawful.
In addition, you need to check how the occupants legally transferred the property in their names. If they had resorted to some illegal means then you have some chance.
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Dr. S. Diraviam Dinesh
Chennai | 1000+ Answers
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issued suit for recovery of possession from the person if it is possession more than 11 years then they can I cure the right you should claim immediately without giving time to them all the documents then all the legal Heirs of your father's jointly can claim the repossession of the property
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Adv. Satish Kumar
Chennai | 1000+ Answers
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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.
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