Rights
Rishi
(Querist) 16 February 2013
This query is : Resolved
Hi,
Dear Sir'ma'am
Actually We are living in a house from last fifty years without any rent .abhi kuch month pahle house owner aaya tha wo bola ki aap ye ghar chod dijiye main is ghar ko sell kar raha hu ..we really don't wanna leave this house Because we are living here from last fifty years.. hamne isme boht paise invest karke kitna kuch banaya hai jab usne hame ye property di thi tab kuch bhi nhi tha ..so please koi Achi si advice dijiye..
prabhakar singh
(Expert) 16 February 2013
If you are living without rent then what is the other consideration that he allowed you to live.
If there is no documentary evidence of his allowing you to enter in the house and you have proofs of being in house for last 50 years and also have evidence of constructions raised by you then at best you should remain there in possession as he can not evict you by force.He shall have to file a suit of eviction or title suit for possession at his choice where in defense you should plead that your entry in the premises was hostile in his knowledge some 50 years before and you in carried several hostile constructions as if you were the owner of the land in his knowledge but he kept mum and did not do any thing hence as of now your possession has perfected to an adverse title against him due to his silence and in action in past 50 years,and his suit is time barred.
V R SHROFF
(Expert) 17 February 2013
Adverse possession , so court will decree in your favour, if he goes to court.
H.M.Patnaik
(Expert) 18 February 2013
Experts have suggested rightly, but you have to preserve documents in support of your stay in that plot over last fifty years as well as proof of raising the unauthorized construction at own cost for production before the court as and when necessary.
