• Sister in Law refused to vacate my residential property after I allowed her to live for 25 years !!!

Hello Sir, My mother owned a residential property in Ludhiana, Punjab and gave it to her sister in law and her husband almost 25 years ago to live as caretakers as they were not financially sound. Now when they were asked to vacate the property they filed a case against us stating them to be owners of the property as they have been living there since 25 years. All the registration papers etc required to prove ownership are in the name of my mother. 
 Please explain me our status in this case with respect to law of adverse possession and the Supreme Court Judgement on 7th Aug, 2019 on this law. The sister in law has not filed the case asking for adverse possession but she has filed the case stating herself to be exclusive owner of this property as she has been living since 25 years and as we were joint family hence it was bought from joint funds and oral settlement among the family which is completely fake and false information. She has agreed in her case that she was asked to vacate the property in 2017 and since then there has been issues between her and the real owner that is my mother. 
 Kindly highlight the adverse period of 12 years stated in Supreme court judgement is for the period the person has been possessing and staying in the property or since the time they were asked to vacate and they did not vacate that is 2017 in our case. 

Thank You
Asked 12 days ago in Property Law from LUDHIANA, Punjab
Religion: Sikh

Your sister in law has no share in property standing in your mother name 

 

2) I presume property was bought by mother from her own funds 

 

3)she cannot claim defence of adverse possession against family member 

 

4) if she refuses to vacate inspite of notice she is only trespasser 

Ajay Sethi
Advocate, Mumbai
72014 Answers
4331 Consultations

5.0 on 5.0

Adverse possession means two buyers has bought the property from one seller on different dates and one has possession and the other don't. So one who has possession can claim on adverse possession.

 

In your case adverse possession will not be applicable. As it family matter and oral contract is also valid as per the Indian Contract Act. Now we have to check what exactly they other party has narrated the fact of the case.

 

If it's ancestral property and a house is built by your mother on it than check whether whether her sister in law has her share in the property.

 

Or whether it's totally your mother's self owned property.

 

You have to show all history of property and family history as well. The both tie up between and what was the connection between two.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

1. See firstly it is permissive possession here it is not adverse possession .

2. Secondly for adverse possession also they have to accept mother is real owner since they are claiming they are owner just based on time period of stay same is not permissible also for claim of family settlement and joint family property they have to provide evidence of there claim.

3. So mother can raise counter ask to dismiss there suit and give her vacant possession of property.

Shubham Jhajharia
Advocate, Ahmedabad
22856 Answers
92 Consultations

5.0 on 5.0

The law of adverse possession may not operate to this situation.

You can file a suit for ejectment of the sister in law from the property occupied by them in the capacity of caretaker.

You should always maintain that she was a care taker and not a tenant.

She is squatting in the property illegally even though the arrangement was only that of the caretaker 

Hence she should be ejected from the property.

T Kalaiselvan
Advocate, Vellore
61958 Answers
799 Consultations

5.0 on 5.0

Yes it will not be easy now to take possession back but you can file a suit for dispossession, read Majit Kaur matter 2019SCC(SC975) carefully.

Koshal Kumar Vatsa
Advocate, Gurgaon
1851 Answers
1 Consultation

5.0 on 5.0

Hi

Going  by contents of your post, it appears that, your Mother's SIL is in the property as a "Permissive Possessor", she cannot claim adverse possession.

If the property is your mother's self acquired, then SIL cannot claim Adverse  possession.

If she claims ownership, she has to prove title, which point goes in your favour.

SIL is a trespasser if she continues in the premises.

Concept of adverse  possession does not lie in her favour, further, if SIL claims ownership, she has to prove and establish the title flow in her favour by documentary proof (other than permissive possession given by your mother)

 

S Srinivasa Prasad
Advocate, Hyderabad
1069 Answers
6 Consultations

5.0 on 5.0

Dear Sir,

It is better to file a declaration suit and get injunction order restraining them from the house.

The possession of the family property by a member by of the family cannot be adverse to the other members but must be held to be on behalf of himself and other members. ... Mutation in the name of the elder brother of the family for the collection of the rent and revenue does not prove hostile act against the other.

In an joint family property, naturally only a few members of the family are in physical possession of the property. Others may reside in other town, so they may not be in a position to live in the joint property physically.

Even then they are called they are in possession of the property legally. their possession is called constructive possession.

in this circumstance, the members who are actually in physical possession of the joint family property cannot claim adverse possession.

Netravathi Kalaskar
Advocate, Bengaluru
4587 Answers
22 Consultations

4.8 on 5.0

Long possession of a gratuitous licensee does not create any right or interest in the property, and therefore, long possession of a gratuitous licensee will not entitle such a person to grant of injunction against dispossession further Caretaker can’t claim right over property.

To claim adverse possession first she have to accept your mother title. And she cannot be held member of joint family.

Yogendra Singh Rajawat
Advocate, Jaipur
16702 Answers
21 Consultations

4.6 on 5.0

You need to file a eviction suit against her. She can't seek adverse possession defense . 

Prashant Nayak
Advocate, Mumbai
16667 Answers
30 Consultations

4.6 on 5.0

You mother can file mandatory injuction in the court. She can file a case for eviction Against your sister in law .

Mohammed Mujeeb
Advocate, Hyderabad
13806 Answers
6 Consultations

4.5 on 5.0

1. For adverse possession the time period starts from the day when person in possession started living the property.

2. She cannot claim adverse possession if she have taken the ground of ownership of property.

3. You should try to take possession of property by hook or by crook so that they cannot claim uninterrupted possession of property.

 

Mohit Kapoor
Advocate, Rohtak
6548 Answers
2 Consultations

5.0 on 5.0

She was living there as your family allowed her. Now she is claiming that she is the owner. That will not hokd in a court.

Law of adverse possession is different. That would be applicable from the date you demanded that she vacate and she refused stating that she is the owner. Now the period of limitation period starts.

File a case for eviction.

Rahul Mishra
Advocate, Lucknow
6183 Answers
14 Consultations

5.0 on 5.0

An applicant who desires to obtain any information under the RTI Act can make a request to Public information officer in RTI format.

Application is to be addressed to the State Public Information Officer. The name and the complete address of the office from which you wishes to seek information is to be mentioned. The subject line should clearly mention ‘Seeking information undaer the RTI Act, 2005.

Mohammed Mujeeb
Advocate, Hyderabad
13806 Answers
6 Consultations

4.5 on 5.0

You can write to the public information officer under RTI act and seek the information about the police verification report on the tenants who are staying in the said building.

If there are any reports available then that will be a substantial evidence to support your pleadings and your case.

 

T Kalaiselvan
Advocate, Vellore
61958 Answers
799 Consultations

5.0 on 5.0

You can issue legal notice to tenants to vacate the premises 

 

2) if any registered rental agreement has been entered into you can obtain copy form sub registrar office 

 

3) if police verification has been done file RTI with local police station to obtain copy of police verification done 

 

Ajay Sethi
Advocate, Mumbai
72014 Answers
4331 Consultations

5.0 on 5.0

You better approach the concerned PS by showing your ownership to the concerned officer, you can request for the details of the tenants, upon receiving the same, you can file case against SIL & the tenants.

If you follow RTI route it will take substantial time and energy.

However, you can file application before concerned officer under Sec.6 of RTI Act seeking for details of the said tenants. 

S Srinivasa Prasad
Advocate, Hyderabad
1069 Answers
6 Consultations

5.0 on 5.0

See you can inform the local police station fir illegal tenants can seek there information from police further in your suit you can seek eviction of them too from the property.

Shubham Jhajharia
Advocate, Ahmedabad
22856 Answers
92 Consultations

5.0 on 5.0

Better file police complain agasint tenants of criminal tresspass. She has no right to give property on rent. Through police investigation report, their presence in property will prove.

And when case file against her, claim the rent received by her illegally.

Yogendra Singh Rajawat
Advocate, Jaipur
16702 Answers
21 Consultations

4.6 on 5.0

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