We own a house but someone else occupied the house
Hello sir/ madam
warm greetings to you!
I have a question, we used to live in Sikkim for a long time but my uncle own a house in dehradun, he passed the property to me and my brother with the legal arrangement via legal documents. since we were kid so my mom let her friend stay at our dehrardun house without taking a rent in return asked her to look after my uncle. They had a signed paper on 2003,But know to my knowledge my mom's friend ( a person who lives in our dehrardun house) has moved out and her in-law occupied our dehradun property and even made a permanent structure by building top floor..I have all the legal documents with me which proves that the house is owned by me and my brother,i need your advice on getting those occupant out of my property.is there any law that explain the occupant owns the house if we do not take any rent from them although we have all the legal document to prove the house is owned by me and my brother. Thank you very much, i am eagerly waiting for the response,It will be helpful if you could kindly give me some knowledge about the above situation. Thank you very much
Asked 4 years ago in Property Law from Delhi, Delhi
Thank You Mr. Thukral for the Kind response, but again i have a question, the occupant doesn't have any legal documents to prove the land belongs to them, But i do have all the documents plus my name is registered in the local office as the owner of the property. so can the Occupant plea for adverse possession? what should i do in such case? I have a letter signed by both the parties i.e. my mother and her friend stating she will look after my uncle in return she will live in our house without rent. Thank you for the kind advice,I appreciate it.
Asked 4 years ago
You have to file a suit for possession. If title of the property is contested you have to prove it in you favour. Describe the occupant as a caretaker to avoid plea of adverse possession.
Advocate, New Delhi
The person in occupation can take all possible pleas to avoid dispossession, since you have all the material to show that the possession was not adverse, you have to present all the material in civil court in Delhi.
Feel free to contact on 9873109672 for assistance.
Advocate, New Delhi
Whether or not the occupant will take the plea of adverse possession is his prerogative. If and when he claims adverse possession you will get sufficient opportunity to rebut his plea. As of now your emphasis has to be on filing the suit without any further delay as in such cases time is of great essence. Delay in filing a case for recovery of possession may oust your rights in this property forever due to the limitation.