In order to give proper advice, it is important to know the full facts how did they get by the possession? Were they given permissive possession/allowed to occupy the flat and when did they refuse to vacate/turn adverse?

30 years is a very long time. I am afraid, at this point, an application would be barred by limitation. As per Art 64 of the Limitation Act, for possession of immovable property/interest based on title, the period of limitation is 12 years and time begins to run from when the defendant becomes adverse to the def. Unless you can prove, they turned adverse within the last 12 years.

Another thing you may want to consider is the law of adverse possession. Your uncles by dispossessing your mother and long possession of the property for over 12 years, can claim adverse possession i.e. better title to the property. Morever, if you have done nothing to claim possession back, it does not look good.

Prayer for mesne profit can be included in the petition, that is secondary. The main issue is ensuring you don’t lose title.but you will need to have a very strong case/reasons for the delay in approaching court for a remedy in the last 3 decades.

Disclaimer: I am a law graduate and have given a prima facie opinion, based on whatever information. Please seek advise from an experienced advocate as this is not a simple case.

Hi,

My ld friend who opined earlier has correctly pointed out that issues of loss of title by adverse possession, limitation etc. May crop up depending upon the complete facts of your matter..

You may send hour case history synopsis to (prerakchoudhary[at-the-rate-of]gmail[dot]com) to enable us to advise you on your matter.. plz specifically mention any prior agreements/ correspondences etc

You may speed up as the law only proects those who are vigilant and not those who sleep over their rights.. “vigilantibus non dormiantibus Jura subvinient”

Don’t mean to discourage you..its never too late..where there is a wrong there is remedy.. but act fast..

Should you need my help, feel free to drop in a mail..

Regards,

Prerak

Hi Law student

How did they get into the possession?

My fathers, father expired when my father was 12 years old, since then my father took care of my uncles thinking it his duty. In 1982 my father bought a land on my mothers name and built the house, at that time my first uncle was in job for 2 years and second uncle was running a Photo Studio which my father Built. It was a joint family and in 1998 we started leaving separate in that same premises. In 2011 my father expired and after that our financial condition became bad. My First Uncle has his own house so we told him to vacate the house so we can put it on rent but my second uncle told him not to go as he doesn’t have a property and if my first uncle leaves then my second uncle is feeling that me and my mother would throw him out too. So this is how they are into possession.

Regarding Law of Possession, Art 64 of the Limitation Act, for possession of immovable property/interest based on title, the period of limitation is 12 years. Recently I came to know from a law adviser that a new Act has been passed by Supreme Court recently in June 2013 and in that Act SC has removed the time limit and it goes in favor of the True owner of the property. Can you find that out?

Regarding strong reason of delay, my uncles were always taking time from my father to make good money and then we will move out of this property. Will that be enough?

However it is all verbal and based on face value and commitment, which is not working for us right now after my fathers death.

Regarding Prayer for mesne profit, can you explain me little better?

details requred, cant be answered correctly here. first of all Supreme Court cannot amend an act, its the job of the Parliament.

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