5 Answers
Dear Client,
When claiming a house that does not have a title deed, one must invoke the doctrine of “adverse possession” as enshrined in Article 65 of the Limitation Act, 1963. For establishing a claim, it is essential to show that one has satisfied the elements of open, continuous and hostile possession against the rightful owner for more than twelve years. Indian courts have consistently held that permissive possession whereby an individual is permitted by a relative to stay on the property of the latter out of benevolence cannot be converted into title even though such permissive possession may have a long duration of even eighty years. In the present case, since the owner of the property has died, the daughter of the deceased owner is the legal heir of the deceased owner and has a good prima facie claim to the property in question. In such circumstances, it may be practically impossible to establish title to the property; however, the rights of the daughter do not allow her to put you out of the property forcibly or illegally. Hence, you have a right to due legal process in case of the threat of eviction. If there is an immediate act of eviction, you may seek a temporary injunction from a civil court.
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File suit for injunction and declaration against the legal heirs of the original landlord if you no direct right in the property. You can pay rent to the landlord or deposit in the Court/Rent Control Authority concerned. Rent would be required to be deposited may be rather moderate than you think. So don't worry go ahead with the Legal proceedings sooner than possible and seek protection from the Court which is given as interim relief but continues as long as you contest the case and upto it's finalization, in the most cases. You can also seek relief of ownership by way of Adverse Possession of situation and evidence material is on your side. 🙏 Thanks