12 Years of possession

Deepika Mishra (Querist) 15 July 2011 This query is : Resolved
My husband's elder brother is staying in a part of a property (first floor) for more than 12 years, which I purchased from my father-in-law 6 months back and got duly registered. What is my right to evict him? Does he becomes the owner or has right to continue to stay?

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Prakash Yedhula (Expert) 15 July 2011
If the property is self aquired by your father in law, your husband's brother cannot claim any right to stay after your purchase? In case you want to evict him, you can do so by filing suit for possession

Deepika Mishra (Querist) 15 July 2011
Thanks Mr.Prakash, yes it is a self acquired. 12 years of possession holds any good in the eyes of law? can he claim his rights?

niranjan (Expert) 15 July 2011
He cannot claim adverse possession.

bhagwat patil (Expert) 15 July 2011
Smt dipika the factum of possession apply,where uninterupted peaceful with knowledge of owner and he should not be family member or servant or tenant.he cannot claim

Ravikant Soni (Expert) 15 July 2011
It is seemed that he is in possession as a lisencee. Give a notice for eviction prior to file suit. Not it is mendatory but for procure case of action.
then file suit for possession under section 5 of specific relief act.
Best of luck.

RAJU O.F., (Expert) 16 July 2011
Ascertain from your father-in-law as to whether he had given any portion of property or any right to occupy to his elder son. Also confirm as to whether it is ancestral property or self-acquired property. If all negative, then cause to issue a lawyer notice through a lawyer handling property matters and if required file suit to vacate and possession.

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