Aunt staying in my dad's property for 30 years
Thangaraja
(Querist) 18 February 2013
This query is : Resolved
Hi,
My aunt stayed in my dad's property (This property is brought by my grandfather who died in 1943 so i came to know that daughter cant claim rights since grandfather died before 1957) for more than 30+ years and died before seven years. After that my aunt's son left the house for rent and was collecting the rent. During the whole period the property tax and water tax was paid in my father's name.
Please advise whether my aunt's son can claim rights on the merit that my aunt stayed there for 30+ years and he is collecting rent for 7 years.
Note: There is no one staying in the house now(for past 2 months) and we are planning to renovate the house.
Property is located in Tamil nadu.
Kiran Kumar
(Expert) 18 February 2013
your case has some genuine points in your favour.
a landlord may not be an owner of the property, they may be collecting rent, but it does not make them owners of the property.
the availability of municipality records etc. will definitely help you in establishing your title.
now if the property is lying vacant and if you have some good backing then take possession of the property firmly. this part of advise is not having any legal backing but it may help you out provided your local counsel advises so.
Thangaraja
(Querist) 21 February 2013
Can they claim "adverse possession"? since my aunt lived there for 30 years? My dad let her to live there considering her financial situation and love. But is there any law which can help my aunt's son to claim that the property is his. Please clarify.
Kiran Kumar
(Expert) 21 February 2013
A tenant cannot claim Adverse Possession.
Adverse possession is not that easy to be proved. Proceed with your case with caution.
