Legal Question in Real Estate Law in India

We are 4 brothres.We had a house behind my cousin's house in our home town.This house is in the name of my mother.She already expired in 2005.Since we 2 brothers reside outside india and 2 are working in india but outside our home town. I given the keys of that house to my cousin to take care off.Now when I returned India we saw he captured my house and put his belongings in it.We want to get it back.We don't have any lease written or oral.Can he make a plea that he had a possession for so may years and taking care off it.therefore can he file a case for that.Kindly guide me.I will be grateful to you.

Asked on 5/06/13, 10:17 pm

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

You cousin may take stand apprehended by you.

You may consider taking appropriate action in accordance with law in consultation with your lawyer.

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Answered on 5/06/13, 10:23 pm

KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi

if he is in adverse possession for more than 12 years, you may not be able to get the house but if 12 years have not passed, you can immediately file a suit for possession.

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Answered on 5/06/13, 11:50 pm

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