Our family’s commercial building was rented out in the mid-90s without a formal agreement. We have no paperwork for this property. Now, we want to reclaim the building, but the tenant claims ownership through “Kabja” and refuses to leave. What’s the best way to handle this situation and ensure we get our property back?

Apni Law
Apni Law
Law Forum › Category: Property › Our family’s commercial building was rented out in the mid-90s without a formal agreement. We have no paperwork for this property. Now, we want to reclaim the building, but the tenant claims ownership through “Kabja” and refuses to leave. What’s the best way to handle this situation and ensure we get our property back?
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Apni Law Staff asked 2 years ago

Our family’s commercial building was rented out in the mid-90s without a formal agreement. We have no paperwork for this property. Now, we want to reclaim the building, but the tenant claims ownership through “Kabja” and refuses to leave. What’s the best way to handle this situation and ensure we get our property back?

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Best Answer

Apni Law Staff answered 2 years ago

Without a formal agreement, the tenant’s claim of ownership through “Kabza” (adverse possession) may hold some legal ground in India. You should consult a lawyer to understand your specific situation and explore options like filing a suit for eviction based on non-payment of rent or lack of a valid lease agreement.

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Previous Article My friend was forced into marriage by the girl’s family without his parents’ knowing. How can we help him get out of this difficult situation?
Next Article My father built two houses – one in our ancestral village and another in a nearby town. The village land was inherited from our grandparents, while the town property is registered in my father’s name. He used his own savings to build both houses. After retiring, he built a third house using his retirement benefits on land owned by his elder brother. He also bought two vacant plots with his retirement funds. My uncle, his elder brother, didn’t contribute anything towards any of these properties, not even a small amount. My father doesn’t receive any pension, only a lump sum amount upon retirement. My uncle, however, continues to receive a pension. I have a few questions: 1. Does my uncle have a legal right to a share in all the properties my father has acquired? 2. As my father used his retirement funds to build the house on my uncle’s land, how much of the property should he give to my uncle? 3. What are the relevant laws in this situation? I would really appreciate some advice.

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