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Raja (Project Manager)     14 November 2024

Property query

Hi 

 My father has property partioned as part of ancetral property and has been registered in his name.. My uncle (fathers brother) has been looking after my fathers property for over 40 years now. My question can he claim right on my fathers property for having looked after it for 40 years. 

Follow up question

1) If he refuses to give away my fathers property what legal action can be initiated

2) What can he do to claim my fathers property if he wants to claim.

 

Thank you

Rajendra



Quick Summary
This discussion addresses whether a father's brother can claim rights to ancestral property he has looked after for 40 years, despite it being registered in the father's name. The consensus is that simply caring for the property does not grant ownership rights if the father holds the registered title. Legal action, such as a suit for ejectment, can be initiated if the uncle refuses to hand over possession.

 8 Replies

P. Venu (Advocate)     14 November 2024

Admittedly, your father has document as to his title. Your uncle, though taking care of it, has not made any claim over it. Then why this query?

Raja (Project Manager)     14 November 2024

Sir

In case of possibility of the claim I would like to understand if he can claim. In case he refuses to hand over what action can be initiated?

 

Thank you

Rajendra

P. Venu (Advocate)     14 November 2024

Any suggestion depends upon the pleadings advanced and the grounds canvassed.

T. Kalaiselvan, Advocate (Advocate)     14 November 2024

Your father's brother is a care taker of your father's property, hence he cannot claim rights over the property.

If he refuses to to handover the property you can file a suit for ejectment to eject him from the property.

He doesn't have any rights in the property when your father is having a registered title deed on his name.

Dr. J C Vashista (Advocate )     15 November 2024

There is no dispute till the time your uncle has not denied handing over possession of share of land to your father.

Raja (Project Manager)     15 November 2024

Thank you for your clarification Sir

anjali sharma (service)     19 November 2024

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What is the relevance of having such post/reply  over in this forum. Admin plz review n restrict 

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