Hi,
My father is diagnosed with AGC and it terminally ill. Doctors have given a survival period of about 9 months. About 20 year back in 1992, my father bought a plot in his name and constucted a shop by taking out a loan from his bank. He gave the shop to his brother to use, my father being eldest, to run his dispensary (his brother is a physician).
In 2003, after my father retired, he asked his brother to vacate it as he was planning to open a consulting firm. His brother refused to vacate it. My father sent him a legal notice through a lawyer. In response he replied saying he will get back in sometime. My father sent another notice the same year asking him to vacate to which he never responded. My father gave it sometime and in 2011 he was diagnosed with Advanced Gastric Cancer. He wants to get his treatment done for which he needs money. The only savings he has is that shop. He has filed a law suit against his brother, but knowing how things proceed in Civil cases in India, I don't have much confidence in the trial moving in timely manner.
I have a few questions.
1. Does Adverse Possession apply in this case here, as my father has given his brother permission to use it? The property is in my fathers name and he has paid the property taxes all these years.
2. Is there a way he can put a petition in High Court for fast track?
3. What other options does he have?
Appreciate your input.
Thanks,
RK
