Adverse possession


My name is Raj. I have two brothers (Chandra & Surya) and three houses (A, B, and C) and 36 acres of land. I am the younger one (Raj), second one is Chandra, and third one is the elder brother (Surya). In 2004, my parents divided the property and I got the House-C and 9 acres of land. My brother Chandra got House-B and 11 acres of land. My elder brother Surya got House-A and 16 acres of land since he was taking care of my parents. I got a job in Australia and I left India with my wife and children and I have been living in Australia since 2004. Before I left for Australia, I told my elder brother Surya to live in my House-C with my parents. And he rented his House-A. It has been 11 years that he has been living with my parents in my House-C. He is now telling that he will not vacate my House-C and will apply for “adverse possession”. Although the properties were divided in 2004, the properties are still in my elder brother’s name and he refuses to transfer the Khata to my name. I have paid all the back taxes since 2004 for the property, but he has been paying the electricity and phone bills.

I have two questions:

Q1: Can my elder brother legally apply for “adverse possession” next year (i.e., after 12 years)?

Q2: If he applies for “adverse possession”, what are the recourses for me?

Q3: My parents are in favor of me and telling me that they will sign a affidavit. They also told me that I should draft a legal letter stating that they have been living in my House-C with my elder brother Surya since 2004, but the house is mine. Could you please draft a legal letter and post it on the web or send it to me c_raj1966@yahoo.com ?

Thank you,

Raj

 
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first of all on he basis of Khatha you transfer all other revenue records as well as taxes on your name (property and water tax).

No affidavit will be held legally valid, instead you can enter into a lease agreement for a minimum rental amount initially for three and renewable for an equal period on expiration of the initial term of the lease agreement period.

This will establish that he is a lessee (tenant) only hence the law of adverse possession will not operate anytime in the future too. 

 
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