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 

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.

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.

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.

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.

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)

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.

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.

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

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

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.

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.

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.

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.

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 

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. 

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.

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.

You can file RTI application and obtain details of tenants verification form 

rely upon judgment 

 CENTRAL INFORMATION COMMISSION


 Appeal No.CIC/WB/A/2009/000404 dated 27.3.2009

From whom will you be able to collect this information even through RTI Act.

RTI act is not applicable to private bodies or persons.

So you cannot ask such information from your sister in law.

You can seek information from police through RTI Act about the details of the tenants in that property, but you can only get their names, not the quantum of the rental  amount paid by them.

1.  You may seek information from the police under RTI submitted through police verification form.

2.In case they deny information file suit and seek information through court and also file appeal to RTI. 

- As per Supreme court Judgement, provisions on adverse possession are made under the Limitation Act, 1963. In case an owner does not stake his claim over his property for 12 years, a squatter can acquire legal rights over the property.  The prescribed period in case of for government-owned properties is 30 years.

- Further , to claim his ownership, this squatter has to prove that his occupancy of the property has been uninterrupted for the entire period. You cannot break the period into halves.

- He will also have to prove that he has been the sole occupant of the property. There cannot be under the provisions of the law multiple claimants.

- The squatter will also have to let his intentions known to the owner, with an element of hostility into his action. Starting reconstruction work, for instance, would amount to a squatter's attempt to claim ownership. However, he is not liable to inform the original owner about his intentions. This means the entire responsibility of monitoring the movements of another occupant lies on the original owner.

- Hence , if the sister - in-law, continuously living in the said property without any interruption from your mother since last 25 years , and your mother never visited the said property for any reasons , and further , if the said property is having electricity and other facilities in the name of sister-in-law, then she can claim ownership on the ground of ownership, also on the ground of tenant in the premises by her. 

- Why you want to get details through RTI , even if you get details of her , then also it will benefited to your mothers sister-in-law suit. 

-  Your mothers should issue a legal notice to her for vacating the property on the ground of licence granted to her , and should also send notice to the tenant if any to attorn your mother as owner of the property legally. 

- If no response , then she should file a case for eviction .

- You can book a call via kaanoon.com for getting details as well. 

Police cna give you information in RTI only if they keep such info of illegal tenants otherwise they cant

1. Supreme Court has said that adverse possession can even be the basis of filing a suit for declaration of title, in departure from the earlier legal position that it is a plea that can be taken only in defence.

2. Mere possession for any duration of time does not ipso facto translate into adverse possession. For the plea of adverse possession to be held as proved, it has to be proved by the person claiming adverse possession, regardless of whether he is plaintiff or defendant, that his possession was adverse to the possession of true owner. The possession of person claiming possessory title must be hostile to the possession of true owner, in as much as the true owner must be asserting his title during and the possessor must be denying it during the subsistence of possession. This has to be proved through documentary or circumstantial evidence. Permissive possession can also blend with adverse possession if the hostility of possession is proved.

3. If she has not filed the suit on the basis of adverse possession then on what basis has she claimed title.

4. Contest the suit fittingly.

1. You should first serve a lawyer's notice to her to vacate the property.

2. If she does not vacate the property after notice then file a suit for recovery of possession on the basis of title to the property.

3. I don't see how RTI can come to your rescue in the given facts.

1. No court has yet in your case declared that tenats are inducted illegally. Hence, they cannot be called 'illegal tenants'. You cannot get information from tenants by using RTI.

2. Remedy is to file a suit for declaration of title and recovery of possession.

If police has verification papers. Apply under RTI, let them refuse to give information in writing. File appeal agasint the refusal. You will get information.

Property belongs to you, You have absolute right to get information related to your property. No exemption applies.

File application in court to appoint court commission for physical examination of property and record detail of person living in the house and under what capacity.

And if they are denying being tenant than trespasser, file FIR.