Technically if you have been in possession of property for 50 continuous years and paying taxes to municipality, electricity bills and having water connection (assuming these taxes are in the name of elders/yourself), then you are the owner of the proper.
Possession on land
My Dad was an employee under The Roman Catholic Diocese of Krishnagar (A Trust). When my father was joined then The Roman Catholic Diocese of Krishnanagar provided a 5 Decimal Land with Single Storied building for living us as bequeathed with out any agreement or Deed. This was happened before my birth. And my dad died 10 years ago, and he was employed till his death. We are still living on this plot since last 50 years. Can we claim for possession on this plot? or can they ouster us from this land?
Asked 7 years ago in Property Law
Religion: Christian
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7 Answers
house was given to your father as employee of trust
2) you cannot claim possession of plot
3) notice can be issued to you to vacate the premises
4) if you refuse eviction suit can be filed against you
1. WHENEVER, there is a demand by the Trust, to vacate the land, Legally you will always be in a position to declare that are the occupiers by "adverse possession", PROVIDED you should be documentarily prove your possession via PAN, Aadhar card, Gas, Electricity, Water, Telephone connections, local civic body receipts or whatever is preserved. In overall affect, you cannot be evicted, without a court order, which takes 10-20 years, from the date the eviction suit is filed.
Keep Smiling .... Hemant Agarwal
See you can claim the possession of the property though no ownership rights in case they go for a eviction suit against you.
If the land is given to your dad then you can claim the same
1. Has the Diocese asked you to leave and vacate the said house?
2. If not then ensure that the Diocese maintains the status quo for 2 more years to prove that you are staying in the said house for more than 12 years after the demise of your father, to claim adverse possession of the said house.
3. As otherwise, the Diocese can ask you to leave the house on the ground that your father was their employee and the said house was allotted to him as his quarters which you shall have to vacate now after his demise.
This property legally do not belong to you.
There is no document to transfer this property to your name.
However if you have tax paid receipts and other documents to prove possession of this property you may file a suit to declare the title on the basis of adverse possession.
