Adverse possession
Mohan R
(Querist) 25 April 2013
This query is : Resolved
Experts please advice.
I have a top floor DDA flat with light built up-structure on roof (it is allowed and belongs to me as top floor)as per condonables allowed. This space is given to a guard to stay to take care of my otherwise locked flat below this roof. I stay in another place. Salary was paid to the guard for 8-9 years by cheque. Now since Iam senior citizen age, I cannot afford him. The guard it seems does not wish to leave.
The roof also has water tanks of all floors and guard locks this place which hampers ingress and egress to the tanks.
Please advice what procedures should be adopted to make him leave in case he does not on his own.
Thanks.
Mohan R
(Querist) 25 April 2013
I would like to also add here that electricity and water is also being used by the guard.And I can't afford to keep on paying for him for these civic amenities. Please add this part to the previous and experts may kindly advise on the total query.
I shall appreciate the advices from all experts at your earliest.
Much regards.
Dr J C Vashista
(Expert) 26 April 2013
You will have to issue a legal notice followed by suit for possession.
Raj Kumar Makkad
(Expert) 26 April 2013
There is no hard and fast rule for this purpose. You in writing intimate him that he is not required now onward and accordingly he is relived immediately from his job. Ask him to handover the keys and other belongings of you.
If he do not follow your written direction then obtain stay order against him from civil court.
Raj Kumar Makkad
(Expert) 26 April 2013
This shall not be called an adverse possession rather this is a permissive possession of him. Never use this term of adverse possession otherwise you shall definitely be a sufferer. Permissive possession can be taken back at any time by revoking the permission.
prabhakar singh
(Expert) 28 April 2013
The guard is in your employment with facility of accommodation.
When his services are not required then his services should be terminated in writing calling upon him to surrender and hand over possession of the accommodation.
In case he does not handover police aid may be taken to vacate him.
In case it does not work only civil suit would be a way out to deal the problem.
Get in touch of a local civil law lawyer.
V R SHROFF
(Expert) 28 April 2013
Agreed with experts,
go ahead taking help of Local Advocate & P.S,.
However you cannot cut of Electricity or water till he reside there in.
Dr J C Vashista
(Expert) 01 May 2013
The guard is in permissive but not adverse possession, plase understand.
After notice get the room/roof vacated, file police complaint/civil suit for eviction/possession, rightly advised by learned experts, nothing more to add.
