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anupa (student)     19 April 2010

can this be a posseion.

Mr A  runs a place for last 13 years.But the owner is Mr B.Since Mr A is a family member there was no written agreement.Mr A started his business in the year 1997 and the licenses were also taken on Mr A's name.Now the question is will Mr A claim a possesion right If so what chances are there for Mr B to claim the  premises.Is it better for Mr.B to just send a legal notice to Mr A to vacate the premises.Or what else is the solution to get rid of Mr A .



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     20 April 2010

If Mr.B wants to have the possession of the premises he has to issue legal notice to Mr.A vacate the primises showing the cogent reasons. If Mr.A failed to vacate there is no way to Mr.B except filing a suit for possession.

anupa (student)     20 April 2010

no way meaning?cant he file a suit if so filing a suit will he get the premises what are the chances

Satyendra Kumar Pandey (Lawyer)     04 May 2010

Dear Friend,

Mr. A takes plea of Adverse Possession and in that case Mr. B has no agreement so the fate of the case is against Mr. B. it is rare case when Mr. B wins.

This is a challenging case and without perusing the documents whatever Mr. B have any one is not able to say any word.

 

 


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