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VINAY AGRAWAL (MANAGER)     03 May 2010

Rights of the occupier in property

Dear Experts & Members,

Kindly read the following situation and guide me.

I am living in a house (tennamant) in a Cooperative Society model with my parents since 27 years in Gujarat State in Gandhinagar city. The House is owned by my father's Uncle  He is alive and has two sons both major and married. There is no formal written arrangement or agreement between my father and my father's Uncle (owner of the house) for any rent or any monetory payments. In case my father's Uncle or his sons suddenly claims to sell the house and take over the possession of the house from us what remedy do we have? Can we claim any rights over the property since we have all the utility connections in my father's name (except electricity which comes in name of Chairman of the society) Kindly suggest the steps we should follow in order to safeguard us from being homeless? We have been paying all the utility bills through cheques only. Though we havnt been paying rent we have incurred more than 1.5 lacs Rs on the maintainence of the house till date.



Learning

 1 Replies

niranjan (civil practice)     03 May 2010

No purchaser will come forward to purchase the house without vacant possesion.But even if it is sold,the purchaser cannot take forcible possession and he will have to file suit.Neither sons of your father's uncle can evict you forcibly,they also will have to file suit.You are not trespasser as you are staying in the premises for more than 27 years.They will have to sit with you for settlement and you can ask for the amount as you desire. or you may show your preparedness to purchase the premises.For the present it is advisable for you to sit quietly and wait for them to file the suit,you should not initiate.

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