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SUIT FOR POSSESSION WITH MESNE PROFITS/DAMAGES/USE AND OCCUPATION CHAR


22-Nov-2023 (In Property Law)
WHEREAS the plaintiff has instituted a SUIT FOR POSSESSION WITH MESNEnPROFITS/DAMAGES/USE AND OCCUPATION CHARGES. You are hereby summoned to appearnin this Couti in person or by a pleader duly instructed, and able to answer all material questi · tonthe suit or who shall be accompanied by some person able to answer all such questionsi am getting this summon from high court delhi. i am residing in the suit property since 1997. i have purchased this property jointly with my elder brother in the name of my sister in law.(elder brothers wife). i have invested money in construction also. now my sister in law told me to vacate the house. my elder brother died in 2010.although i have already filled a suit in session court in April 2022.please advise what can i do in this case. i am residing in the house since 1997.
Answers (4)

Answer #1
628 votes
Firstly you would require to file your written statement within 30 days of the receipt of the suit and summons. Also the suit needs to be perused for any better advice. If you are in settled possession of the property then you can take this stand to defend the case. For any further advice feel free to contact

Thanks
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Answer #2
562 votes
You need to hire an expert advocate in this regard to file your WS in the case ! It’s important to file WS else you may face adverse consequences! Despite that you have already instituted the suit still u need to reply to every notice or plaint accordingly
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Answer #3
590 votes
the property is yours by adverse possession if you can show that after 2010 till now your sister in law did not take any legal action despite knowing everything.

you will have to show statement of neighbours, relatives and known persons saying that you treated the property like your own, your sister in law protested but did not take legal action
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Answer #4
716 votes
Hello Sir. This is Adv. Shrikant Samantara


You would have to file a suit for declaration as to the ownership to the property to half or full (depending on the facts) that your sister in law never had the income source to purchase the property and you may have to show the payment which you have made for the purchase of house.
You may include the above fact in your written statement.

I may forward you the judgements of similar nature.

Feel free to contact.

Regards.
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