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Gautam Joshi (ABC)     09 April 2016

Property name in of uncle but share certificate with me

Dear Forum,

Currently I am living in a half portion of bungalow. My uncle (father's brother - in whose name the property is there) lives in the other portion of the same bungalow. Possession wise half possession is with us, half is with him. We are staying here before him (we have got all the proofs)

Bungalow was constructed (Land and construction expenses done) by my father. But the property was bought by my father in name of his brother in good faith with verbal condition that it is just for the namesake only and he will not have any rights (It was done by my father to avoid some income tax complication at that time). Share certificate (which are in name of my uncle) are in our possession with a declaration written on plain paper (not stamp paper) by my uncle stating that share certificate should be transferred on my name after his death.

We have not payed a single rupee rent or there is not rent agreement between us. We are staying here since almost 30 years. All we have is the possession of share certificate with above said declaration. And some rough proof that entire money transaction was done by my father.

Father was continuously pressurizing uncle, to transfer it in his name since years. Now before few months my father expired due to all this tension as he was not transferring the property in his name and had back stabbed him.

1) Is there any way out we can get my property back in my name as we have possession of share certificate with declaration by my uncle on plain paper that the share certificate needs to be transferred in my name after his death?

2) Can we claim at least half portion of bungalow where we are staying since almost 30 years under any law (we are not tenant and have not paid a single rupee rent till day).

3) Can he get us out of our bungalow legally?(we have heard that he might plan it)

Please guide and help. Any type of guidance is appreciated. Thank you in advance.



Learning

 1 Replies

dr g balakrishnan (advocate/counsel supreme court)     09 April 2016

you are staying there sice 30 years, so you have the right od adverse possession, you have the share certificate with you with your uncle's declaration on plain paper with that you can move eviction of him by moving eviction proceedings as he committed contractual fract under sec 19 of the indian contract act.


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