hajeer (partner) 10 April 2010

Ownership without Possession of Propert of a PIO

My uncle is a Person of Indian Origin purchased some land from his children who were having the property when they were minors here in Kerala, it has been given by their mother to her brother when the kids were minors and he was residing there for free of cost for the past 18 years. all the title deeds, documents and tax reciepts are in his name only..now the guy who stays there is not willing to evacuate the house. actually he dsnt stay ther anymore...but possession is in his hand only.what can b done practically to evacuate him??...will he b able to get the land if he goes under easement or any other law??...kindly advise,

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5 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR) 10 April 2010

what i understood is say person A is having title of the said property and Mr. B is staying in that property since last 18 years without paying anything.

in that case:

1) if the person who was staying there do you have signed any rent agreement with him. if not good

2) file a suit for possession of the property alongwith consultation of your local advocate if there is no paper work between A & B and B is in possession of the said property and he is not residing at the said property then by every means A will get back possession of property.

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O. Mahalakshmi (Law practiece) 10 April 2010

Gagdani is correct

girishankar (manager) 10 April 2010

Hmmm

bhagwat patil (Property due diligence 9422773303) 11 April 2010

expale him out.file a suit as he is harming your possession and ownership

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hajeer (partner) 13 April 2010

Thanks Mr.Gulammayudin A. Gagdani , there is no written agreement, and also no contracts and documentary evidence to prove that they r residing there...i shall go along with the Suit..thnx to u all...