Quickfalcon4882

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  • Quickfalcon4882
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      Quickfalcon4882
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      April 20, 2025 at 6:08 pm
      See, what you had before and after the lady passed away is a permissive possession and permissive possession generally never becomes adverse but if the relative of the lady has not disturbed your possession for a long time, then your permissive possession becomes the possession of a trespasser( though it needs to be settled possession which you can easily prove given you are staying in the property for decades and would have the required proof like improvements made in the property etc.) So, earlier basically you had no possession at all in legal terms (although you were residing in the property, the lady had possession before she died and the relative had constructive possession after the lady died) that means you had no right at all in the property as far as law is concerned as possession is also a form of title in law and, now, your possessory title is perfected because of your long possession of the property and you have gained the possessory title.

      This information in itself will help you defend a suit of mandatory injunction if filed by that relative asking you to vacate the property because since now you have possessory title, the relative cannot seek injunction simpliciter, he has to file a suit for possession first.

      And that can buy you more time in the property in which you are residing because the suit will go on for many, many years before the judgment comes.

      Secondly, you can never dispute ownership because the only way to claim ownership is to prove adverse possession and which you can never do because you never had possession in the first place for it to become adverse. So when the relative comes and tells you to vacate and then you deny and keep on staying in the property for 12 years peacefully, without the relative disturbing, only then you get the claim of adverse possession for ownership.

      So basically, you don’t have any case to file for now as you haven’t been vacated forcefully nor you can claim ownership. The only thing to do is to file an application for rejection of plaint since it is barred by law as the other party needs to seek possession first by paying huge court fees). The relative has to prove a title (possessory title or ownership to get you out of the property. So when the relative files a case for possession, the only way they win is by proving their ownership to the property or a better possessory title than yours (they have to give evidence of relationship with the old lady etc., kind of legal heir, any sort of papers of the property etc. and you can give evidence of the neighbors speaking in your favor or the bills coming in your name or the address in the Aadhaar card etc. to prove your better possessory title in case the other party is unable to prove ownership).

      But paying huge court fees by that relative is a big task in the first place so you need not worry for now, just make sure, you defend correctly if that happens.

      For all those saying this morally incorrect, this is neither morally nor legally wrong.

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