Self acquired property of father I am receiving rent from it can claim

780 votes

You are the absolute owner of your father's property and also right to receive rent from the tenants who are residing in your father's property as a tenant. The other members of the family cannot claim such property as a commercial or any other purpose. It can only be used only for residential purpose since in your case the property is only residential. There is no such provision in law regarding this. It is assumed that when nether of the parents are alive then the property will be in the name of the child or children and if it is a jointly owned by other members along with your parents, then each member in the family shall have the right to sell of their part of the share in the house with the permission of the other members. They can only use their share for any purpose. In your case the suit shall be filled by you against other members for the fraud committed on you.

Advocate Siddharth Gupta LawRato

527 votes

Title does not transfer by the way of Adverse Possession, only right to sue/claim ends. Limitation period starts from the day when dispute is first created, and in the event you are receiving rent with consent of owner of Property , limitation for adverse possession shall start from the day, your possession is adverse to owner of land or in other words fro the day there is dispute of ownership.For more information you may contact me, with full details of your case.

Advocate Vivek Nasa LawRato

514 votes

There is no such provision in law that says if you receive rent for 12 years you become owner of the property. You may however the use to situation to show that you are in adverse possession of the property. However the law with respect to adverse possession is quite elaborate and you must prove a few things before you claim adverse possession. Essentially adverse possession has to be open, continuous and hostile.

Advocate Rohan Mittal LawRato