Legal Question in Real Estate Law in India

can u suggest..

we have a shop which is in my name.i gave it to my nephew 24 yrs. ago.he started business since past 5 yrs. i am asking him to empty the shop and give it back to me.but he is not ready..all the papers are in my name can i get back my shop..please help

Asked on 12/17/08, 12:34 pm

5 Answers from Attorneys

Vishwa Arya Arya & Co.

Re: can u suggest..

Your facts seems to be incomplete. Was he paying any rent? If yes, he was a tenant then you have to file a case for his ejectment.

If he was not on any rent, then he was merely a licencee, for which you may give him a notice first for mesne profit and then file a suit for possession and mesne profits.

It is also important if in the last 24years you had taken any step because 12 years is the period of limitation.

Vishwa Arya

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Answered on 12/18/08, 2:27 pm
Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: can u suggest..

you may need to file a suit for possession in the local civil court.

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Answered on 12/17/08, 9:14 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: can u suggest..

in case your nephew is running the shop since 24 years and it is not given on rent, your nephew may claim adverse possession of that shop and you might stand to lose your case unless you put forward certain other facts whether you disturbed his possession in these years or not...

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Answered on 12/17/08, 11:36 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: can u suggest..

Approach Court.

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Answered on 12/17/08, 11:53 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: can u suggest..


Take a help of local lawyer anf file a suit for possesion in the civil court.

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Answered on 12/18/08, 3:18 am

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