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johanfernando   10 May 2015

My relations does not leave my fathers property

Hi, To make a short background about me , I am Sri Lankan/British citizen. My father is Indian and my mother is Sri Lankan, Unfortanly i am not Indian citizen . For 7 years ago we moved to UK, and at that  time to have someone look after my fathers property where my father and his brother is born at , We decided to let my fathers younger brother stay there with his family . Everything was fine for 6 years till we found out that my uncle has cheated my father for big amount of money . Which we cant recover and make a criminal case against. (cos he had a power antority) . So when that happen i moved back to India last year and i demanded them to leave my fathers property and i also wanted to develop it and get married. Now they say they does not wants to leave it and my uncle say he is born there ...and he will NOT leave .

My uncle claims

* He is born there , and dont wants to leave even on my fathers demands

So i tried to go to the police. Which of cos stated that i am also living there on my fathers property deed so i have no say in the matter before my father make me an power of Athority. Now my uncle is not the best uncle in the world so he trying with his best ways to get me trown out or trown in trouble at the police.

 

My questions

1. How can i trow him and them out of the property trough my father ?

2. After 10 years he can take ownership of the property?

* My lawyer said to me its a law from the british that if he stay in this property more than 10 years he has some RIGHTS to stay there forever or even take over the land deed. Is this correct?

 

Thanks for all advice


Johan Fernando



 3 Replies

Dr J C Vashista (Advocate)     10 May 2015

Obtain a registered power of attorney from your father in your favour and file a suit for possession and mesne profits against your uncle through a local lawyer.

Your lawyer is wrong on other two questions, it is advisable to contact, consult and engage another lawyer.

T. Kalaiselvan, Advocate (Advocate)     11 May 2015

Very rightly advised by expert lawyer Dr. Vashista Sir. It is high time you engage a different lawyer now to handle your case.  An eviction suit is the option availablebefore you.  There is no such thing called as perfecting the title by adverse possession.  You can retrieve the property by evicting him by following due process of law. 

johanfernando   11 May 2015

Thanks Dr JC ,  Vashista And T. Kalaiselvan for your quick replies.  Yes i will go to another lawyer that is not from our area. I start to think that he might give me wrong advices if he knows my relations aswell. And as me a forigner is allways a forigner. I have learned that now. I hope it just dont take to much time. With an eviction notice . 30 days . after that Civil court, i hope the judge can  make this case close fast.


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