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prem chauhan   06 October 2016

Please help

Sir, My father has given his 10 x 10 room in chawl to his brother (my uncle) for long period of time (25 years) without any lease agreement. In such a long period of time, my uncle has been made his name on eletricity bill, voter id, ration card, adhaar etc. although my father was knowing that but he was never raise any question. Earlier my room was on Pagadi basis, but later when the society composed, my room was allotted to my father's name in the year 2002. and now my father's name is already gone to SRA (building is yet to be contructed). Now uncle is now vacating the room and he said he will not leave the room.

Recently my father is expired and now i am asking to vacat the room as the allottment agreement and society, both are in my favour. they already given NOC and Society Maintanence bill receipt to my father name. Now my question is .. wha should i do and what should be my legal stand into this matter ? as my uncle is not vacating room on the basis of living there for such a long period of time.

 



Learning

 5 Replies

adv.bharat @ PUNE (Lawyer)     08 October 2016

Prem ji u need to give notice through lawyer to ur uncle for vacating the premises based on the document that u have in your favour.

If u appreciate my solution then will u give THANKS on my LCI profile? 

prem chauhan   13 October 2016

Thank you very much for your kind reply sir. I want to know how far can i fight with him in such case ? My uncle is living there since last 20 years and he had done 1995 survey and other survey under his name and also made voter ID from then. now he said he will not leave the house due to long stay  on this room with no any agreement. can it be possible that he can claim to stay in that room ? many people says you will fight in the court and at the end of the day, you will have to go for a settlement or else you will fight for many years with no result. kindly suggest ?

SHARAD CHANDRA DANEJ (Asstt. Manager)     26 October 2016

Premji,

You need to consult a good lawyer who deals with property matters. Since your uncle is living in that place with the permission of your father and during this period of 25 years no notice of eviction was given to your uncle, he will not vacate the place. On the contrary, he would claim the place as his own as he is living there for last 25 years. It would be difficult and time consuming, but you need to fight in a court to get your property back.

 

SHARAD CHANDRA DANEJ (Asstt. Manager)     26 October 2016

Premji,

Please also read this blog 

Consultation paper cum questionnair on adverse possession of land/immovable property

on google.

prem chauhan   28 October 2016

Thanks for your kind and valuable suggestion .


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