NH 18 November 2018

Adverse possession rights

My mother had a property in her own name... and I have two brothers... My younger brother constructed house on this plot in two phases in 1995 and then rest in 2005.In 1995 my elder brother and his wife started living with us... and in intention to encroach the whole property they started fighting frequently with us.. Eventually we sisters and my younger brother got married. Younger brothers wife also started living there.So all family is living there since 1995.. My elder brother and his wife's you're for grabbing the property increased day by day.. they never contribute to any expenses and stayed without paying for anything to my mother till 2016 and did not vacated the room n kitchen they were staying... my mother complained twice thru senior citizen act for this but nothing happened.. then in 2016..looking at her health issues and affectionate care and service from my younger brother my mother gifted this house to my younger brother looking at her health issues.. now my brother has filed the eviction suit to my elder brother to vacate his property but they denied and asking for Rs 60 lacs. And are aiming to claim the property on the basis of adverse possession.. can they claim the part of property on this basis..

Reply Follow

3 Replies

Shashi Dhara 18 November 2018

They cannot claim property on the basis of adverse possession . Ur mother is absolute owner and she has right to dispose that property as per her Will. Don't care let they go to court .keep advocate and take defence.

NH 18 November 2018

OK thank you v much shashiji..
because of continue fights and my Bhabhi's aim to drag my younger brother (to whome the house is gifted by registered gift) in false criminal cases ..and moreover there is no space in-house for my old parents as the elder brother and his wife are living ..mother has severe spine injury and father is a heart patient with a due prostatic surgery ...in their presence my parents can't stay there and they stay at my home for treatment.. Can my parents file suit through senior citizens act parallely to get the house evicted for their treatment and living with my younger brother,who takes care of them.. and now he is owner of the house as my mother did the registered gift deed to him in 2016..

Shashi Dhara 18 November 2018

Yesas senior citizens they have right.they can approach police or court and file case civil or criminal. If Urparents have no income then file suit for maiintenance.let they spend money.as elder brother it his dutyto take care of parents.if he don't take care let he leave them to lead peaceful life. If he harass take action as per law againaist him.