jiten 23 July 2015

A mother seek help

My mother is widow, she purchased a shop in year 2002 in Narnaul(Haryana) with the money we got against court case of my father road accidental death. My uncle was using that shop since then he has 2 adjacent shop of his own a well. My mother wants to open some busines for my younger brother in that shop but my uncle is not vacating the shop now. What to do?

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4 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 23 July 2015

File suit for eviction

jiten 23 July 2015

The point is there was no lease agreement and also he has the electricity meter at his name in that premises

Samal Kumar (ADVOCATE HIGH COURT OF KERALA) 23 July 2015

Since your uncle is in possession since 2002 without any lease or rental agreement and you had not raised any objection to such possession so far, he might have perfected his title through adverse possession and your right to recovery may be legally barred. Pls consult a good advocate in your locality.

jaya pradha (Standing Counsel for Adoption matters WD & CW State of Telengana) 23 July 2015

According to me. He doesn't simply perfect his title by possession. He should seek recourse before courts for a declaration and establish that his possession is adverse to that your possession.