Adverse possession and related disputes
Hello, we (parents and I) have been living on a property for over 30 years. In fact, I born here. Along with us, there lives my maternal uncle's family (uncle, aunt, their son and his own family). The entire property belong to my granny's brother - who now lives in Kolkata - sick and old; hence, he does not want to come back. And he asked my granny to look after this property (not by any legal means). This has been so until now.
Things were quite normal but the other family (uncle's son and his family including mother-in-law) have started playing tricks to grab the property. They are aware of the weakness of the owner, that he won't come back at all. Also, they want to get rid of us the same much, and for this uses violent means (like physical attacks), as well as mental torture. My parents are sick too; they are heart patients. I am very much worried about all these. We tried to discuss the matter with the owner, but it is clear he is not interested to interfere! Those people are kind of crazy ones, and don't care police interference as well. They are up for fight with anybody, and threaten us by showing their group of 'bad' guys, and so on.
I need your valuable suggestion on this. What we can do in this matter? What about the property? It would be pretty helpful if you suggest some solution, or my sick parents life would be at risk!
Asked 3 years ago in Property Law from Tinsukia, Assam
is your grand mother still alive . your grand mother can request her brother to execute gift deed in her favour . get it duly stamped and registered . then your grand mother can by will bequeath property to you or other legal heirs .
since you have been in possession for over 30 years you cannot be easily evicted . without following due process of law . if other relatives are threatening you record the threats .if you have been physically attacked obtain medical report of injuries . lodge police complaint against them . if cops dont take any action file complaint before magistrate under section 156(3) to direct cops to investigate .
Hello, thanks for your response! No, my grandmother died two years ago.
Alright, that's a good suggestion. Once we did so, and it went quite a far. Later, things had to be stopped without waiting for any result due to serious sickness of my parents.Here, I would like to mention that the original owner (grandmother's brother) or his heir (married daughter) who live in Kolkata are not at all interested in getting back this property nor in distributing them among us (secondary heirs). They have been this ignorant for 30+ years and ignore things even after being contacted by us. Now, can you tell me of any legal way by which we who are in possession for such a long period could claim or get share on the property?
Asked 3 years ago
you cannot claim any ownership rights on said property . your grand mother brother is absolute owner of said property . only if he executes a will/ gift deed in your favour can you get any rights on said property .
if any relative tries to evict you you can claim right of adverse possession since you have stayed in said property for over 30 years with full knowledge of the owner of the property .
Yeah, now I understood it! I have just one more thing to know regarding this matter. Can you tell me if I am allowed to do some construction stuffs, say, building an extra room or so on this property? Would it be problematic in any manner?
Asked 3 years ago
you cannot carry out any construction on said property without owner consent and that of local muncipal corporation ,
building plans have to be sanctioned by corporation