Can a family claim residence rights after multiple generations of occupancy?
Is there a legal provision that supports a family's right to residence after multiple generations of occupancy? In 1947, my maternal great-grandfather, his mother, and my grandfather, who had fled from Pakistan due to the war and became refugees, were allocated a space in Delhi to rebuild their lives. They were left stranded and had to leave behind their ancestral properties in Pakistan. The property in question was acquired through possession, not ownership, by a landlord, who allowed my family to occupy the space at a very nominal rent as a gesture of goodwill. After the landlord's death, his heir is now seeking to claim ownership and has initiated legal action against the long-standing residents. Recently, my family lost the case in the district court, and I seek guidance on the appropriate appeal to file in the High Court, as well as strategies that could lead to a favorable outcome.
Indian law does not recognize adverse possession as a right for tenants, and long-standing occupancy does not automatically confer ownership rights unless specific statutory rights apply. Your family may appeal the district court's judgment in the High Court under Section 96 of the Civil Procedure Code (CPC). To strengthen your case, focus on proving tenancy rights, any historical agreements, or long-standing peaceful possession, and consult a lawyer to explore arguments under equity and humanitarian grounds considering the refugee history.
I had given Rs. 3,00,000 as a loan with interest to a person who promised to repay my money along with interest by the stipulated date. The borrower and his wife had given an undertaking in writing on plain paper that if the loan was not repaid, their house would become my property. However, he has not repaid my money, and the stipulated date passed 2 years ago. He, along with his family, has shifted to an unknown location, locking the house. Please advise me.
long-term occupancy rights can be claimed under the doctrine of adverse possession (requiring 12 years of continuous, hostile possession), but since your family's occupation was with the landlord's permission and rent was being paid, adverse possession would not apply. Your best legal recourse would be to file an appeal in the High Court under Section 96 of CPC within 90 days of the lower court order, arguing protection under various tenant protection laws and emphasizing the historical context of partition refugees, though you should also explore settlement options as courts generally respect documented property ownership rights.
Sir, this is a complex matter and requires brief discussion so it is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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