Legal Question in Real Estate Law in India

Myself (Rahul), my mother and my two sisters are staying in a villa since 1974. This villa was built by my father's elder brother using ancestral money . Both brothers lived with their respective family in the same villa . my fathers brother has his family ... that is his 2 sons and 3 sisters staying in the same villa. We are occupying about 25 % of the villa premises. Both my father and his bother has expired.

As of today we found out that my father's name is not mentioned in the property WILL only my father's brother's and his children's name is mentioned in the WILL . We do not have any documents stating ownership but we have been staying in that house for 40 years and have support documents such as electricity bills/ ration card on the same address

Please advice our status as the property is going for redevelopment


Asked on 4/07/16, 1:46 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

For the fact that you have been enjoying the property for 40 long years, you can claim adverse possession. Hence, at least 25 % claim can be made and you can negotiate to that extent. If they don't agree, you have to file a suit.

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Answered on 4/07/16, 8:20 am


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