It is a settled proposition of law that possessing is regarded as 9 points in law out of 10. Please note that possessing has greater value than title. However you can send a legal notice stating your bonafide and lawful title as their ownership is called as Adverse possession., failing which you can file a suit.
Residing in a property may not amount to possession as some normal rent may be paid by the tenant relatives and there may be revenue records that establish who is in possession. What is the tenant relative say and claim now? When your father is having a valid title deed and his name is incorporated in revenue records and tax paid receipts, you need not afraid for such claims from tenant relatives and use legal means to get them vacated in the same way as the landlord gets the tenant vacated. Contact a local advocate for proper guidance. (This is the same story in different parts of the country, as landlord believes their relatives, keep the custody of the asset to relative and fly to other countries for their career)
The only plea that could be taken by the owner in such cases that occupation of the property has not been adverse to the title of the owner and hence deficient in the essentials that constitute adverse possession. Any plea based on revenue records or the inaction on the part of defendant file a declaratary suit would only strenghten his hands.
It is beyond the scope of this public platform to employ any means unknown to law.
Why a declaration necessary when the title and possession are always with the owner, he can be evicted as he is only a tenant. Depending on the value of the property, the owner may opt for a way suitable to evict that relative. (?????).
Yes, that certainly could be the foundation and fulcrum of the pleading. But the defendant would certainly take a different stand based on adverse possession. In deciding the case the court would certainly look into the circumstances how the defendant came into possession, the terms on which he was put in occupation, the improvements that have been carried out by him, the rent or lease money, if any, he pays etc.