Property-house issue
2 weeks ago
We are living in our house for last 25 years, but all the papers of the house are in the possession of my uncle(my father’s elder brother). From start he always assures my father that this plot is yours and because of that my father built house on this plot and been living here for almost 25 years, but my uncle never gave us the papers of the house, now my uncle is saying he will not give the papers and asking us to leave the house. The papers of our house are is still in the name of the original owner from whom my uncle bought the land, but he never transferred the paper to his name till date. But few days back because of a family dispute he threatened us and asked us to leave the house as we don’t have the papers of the house. I am not sure what to do now. We have our neighbours who are witness that we are living in this house from last 25 years. Please guide what i can do in this case.
You may file partition suit or declaration suit or permanent injunction suit at thus protect your physical possession of your property and at last it will be ended in compromise.
It may be noted that in the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner by the right. In the given situation, file a civil suit under Article 64 of the Limitation Act before the Civil Court claiming ownership of the property based on adverse possession. Reach out to an Advocate for guidance and steps.
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