Occupant not vacating property for 24 years

Dear Ranjan ji,

First of all I want to make it clear that your relative is not the owner of any share in the property. However, he has a right of claim adverse possession since he is occupying the property since 24 years.

As stated by you that no formal documents i.e. sale deed, agreement to sell etc transfering the said land have been executed by your father in the name of the said relative, you can file a civil suit seeking eviction of your relative from the property. However, before institution the said suit you need to confirm that from how many years your relative has a water and electricity connection in the said property. In case the water and electricity connections are installed in your father's name it would be easier for you to evict the tenant by disputing the adverse possession of the relative from 24 years.

Thank You

Puneet Yadav

Advocate

9899226008

you have no choice but to file civil suit and wait till years and then get eviction order, get is executed and take possssion of ruins.

Dear Puneet ji, 

Thanks for your reply. To reply on yr point the electricity bill is in their name , while the water charges since they form part of the society bills it is paid by me.Also to be noted is that the ration card, election card & ALL OTHER DOCUMENTS is on his name

Also if you can confirm if he the 2/3rd owner as quoted by him if so under which law

And what in your opinion is the best way for me out 

regards

Rajan AJ

Dear Sudhir ji, 

i am open for a settlement but is he right in saying that he is 2/3rd owner just by possession ?

Rajan

Dear Rajan Ji,

I had clearly stated in my post "First of all I want to make it clear that your relative is not the owner of any share in the property" and that "you can file a civil suit seeking eviction of your relative from the property" which answers both of your queries.

From the above I mean that your relative cannot have right in property by possession itseld, however he can claim to be in adverse possession. Also, you need to file a civil suit for eviction against your relative to evict him from the property.

Thanks 

Puneet

Many thanks Puneetji, in case i file a suit for his eviction in the court. how long would it typically take in Mumbai (as property is in Mumbai) &

what if he claims his ownership under adverse possession . please guide 

Thanks 

Dear Rajan Ji,

Im practising in courts at New Delhi, where a suit is usually concluded within a period of 3-4 years approximately. The contention with respect to adverse possession will have to be dealt with before the court only and would depend on the fact and circumstances of the case i.e. only after perusing the reply/written statement which would be filed by your relative in court.

Puneet