- This topic has 5 replies, 5 voices, and was last updated 1 year, 1 month ago by
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UHi,
Can my friend’s father be evicted from a shop he’s been running for 28 years?
My friend’s father (let’s call him A) has been running a shop in a commercial complex for the last 28 years. The complex is legally owned by A’s elder brother (B), but A has been managing and operating the shop continuously for nearly three decades. He has paid all electricity and maintenance bills for all these years but tax(only for 1 year; majority of tax was paid by B).
However, the shop was never formally registered in A’s name—he didn’t insist on it out of respect and good faith toward his elder brother.
Now, B is asking A to vacate the shop. Please note that this shop is their primary mode of earning.
Is there any legal protection or recourse available for A in this situation, considering the duration for which he has operated the shop?
Any advice or guidance would be greatly appreciated.
Thanks in Advance
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IWithout a written aggreement, A’s legal options are limited, the best you they could hope for is some temporary relief but B can legally evict A I belive.
Not a lawyer, so you might want to consult one,
Adverse Possession, which allows a person to claim ownership over property if they’ve possessed it openly, continuously, and hostilely (i.e., without permission) for 12 years.
However, since A and B are brothers and A operated the shop with implied or express permission (even if informal), adverse possession is unlikely to apply, as the possession wasn’t “hostile.”
Hmmm…..
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F
I’m sorry to hear about this situation. Here are some steps your friend’s father (A) can consider:
1. **Gather Evidence**: Collect all possible evidence of his long-term occupancy, like utility bills, maintenance receipts and any correspondence with B.
2. **Possessory Rights**: Long-term possession might provide a right to continued occupancy under Section 106 of the Transfer of Property Act, 1882. However, this is generally for a tenant; consulting a lawyer for a detailed examination of facts is vital.
3. **Consult a Lawyer**: Seek legal advice from a property lawyer. The unique relationship and lack of formal tenancy or ownership may present a complex case.
4. **Attempt Mediation**: If possible, encourage a discussion or mediation with B to reach an amicable solution without going to court. This can be done through a neutral third-party mediator.
5. **Approach Consumer Forum**: Alternatively, if business-related disputes arise, he may approach the District Consumer Forum for resolution attempts.Legal advice from a professional is crucial due to complexities in family and property law.
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