Occupant not vacating property for 34 years
Rajan
(Querist) 08 July 2013
This query is : Resolved
Hello, I have inherited a property from my father & am paying the society charges regularly. The property is possessed by a relative who says that my father had promised to transfer the property in his name , though there is no written agreement .. etc for the same. The relative has been staying there for past 34 years & has all his legal documents in his name with the same address & i am not receiving any rent from him too (as this was the status whn i got the title transferred from my father on his death).
When i approached him for a settlement he says by holding the possession for past 24 years he is the 2/3rd owner & is therefore willing to pay me only 1/3rd the price for getting the title transferred in his name
Please suggest how can i have him vacated ? is it true that he is the 2/3rd owner - under which law.
What are the options available to me
regards
Rajan
Advocate M.Bhadra
(Expert) 09 July 2013
They are claiming wrongful possession,so you can file a Suit for Declaration and Recovery of Possession in Civil Court.
The Supreme Court in Chatti Konati Rao & Ors. vs Palle Venkata Subba Rao has explained the underlying principles in cases pertaining to claims of Adverse Possession. The Bench speaking through Justice C.K. Prasad held as under;
"What is adverse possession, on whom the burden of proof lie, the approach of the court towards such plea etc. have been the subject matter of decision in a large number of cases. In the case of T. Anjanappa v. Somalingappa (2006) 7 SCC 570, it has been held that mere possession however long does not necessarily mean that it is adverse to the true owner and the classical requirement of acquisition of title by adverse possession is that such possessions are in denial of the true owner's title. Relevant passage of the aforesaid judgment reads as follows :
It is well-recognised proposition in law that mere possession however long does not necessarily mean that it is adverse to the true owner. Adverse possession really means the hostile possession which is expressly or impliedly in denial of title of the true owner and in order to constitute adverse possession the possession proved must be adequate in continuity, in publicity and in extent so as to show that it is adverse to the true owner. The classical requirements of acquisition of title by adverse possession are that such possession in denial of the true owner's title must be peaceful, open and continuous. The possession must be open and hostile enough to be capable of being known by the parties interested in the property, though it is not necessary that there should be evidence of the adverse possessor actually informing the real owner of the former's hostile action."
the nature of title vesting in the rightful owner, the kind of possession which the adverse possessor is exercising, are all relevant factors which enter into consideration for attracting applicability of the doctrine of adverse possession. The right in the property ought to be one which is alienable and is capable of being acquired by the competitor. Adverse possession operates on an alienable right. The right stands alienated by operation of law, for it was capable of being alienated voluntarily and is sought to be recognized by doctrine of adverse possession as having been alienated involuntarily, by default and inaction on the part of the rightful claimant, who knows actually or constructively of the wrongful acts of the competitor and yet sits idle. Such inaction or default in taking care of one's own rights over property is also capable of being called a manner of `dealing' with one's property which results in extinguishing one's title in property and vesting the same in the wrong doer in possession of property and thus amounts to `transfer of immovable property' in the wider sense assignable in the context of social welfare legislation enacted with the object of protecting a weaker section."
Raj Kumar Makkad
(Expert) 09 July 2013
Such type pf possessions are called permissive possessions.
You need to serve a legal notice to such person to vacate the premises on a particular day and hand over its vacant possession to you as you have withdrawn the permission given by your father to reside without rent in that house filing which file a suit for possession.
You need not to bow to the demand of your relative. You shall definitely win the case if you persue the case smoothly.
ajay sethi
(Expert) 09 July 2013
send legal notice . if he fails to vacate file suit fr possession .
Rajendra K Goyal
(Expert) 09 July 2013
Well advised by the experts, nothing more to add.
