Can my brother reclaim the shop despite my ongoing payments?
I have been running a shop since 1994, which is registered in the name of my brother's wife. Several court cases have been filed since 1994, but the court has consistently advised that a settlement be made among us. For the past 30 years, I have been paying all the electricity bills and maintenance costs for the shop. Is it possible for my brother to take back the shop?
Since the shop is legally registered in your brother's wife's name, she holds ownership rights. However, your 30 years of possession, payment of electricity bills and maintenance, and the court's emphasis on settlement strengthen your claim under the doctrine of adverse possession or as a tenant/occupant with vested rights. You may file a suit for ownership declaration or permanent injunction to prevent eviction, depending on the case history and available evidence.
since the shop is legally registered in your sister-in-law's name, she and your brother retain legal ownership regardless of who pays the bills or maintains the property. However, your 30-year possession and maintenance of the shop may give you certain occupancy rights, and you could potentially claim an "adverse possession" if you can prove exclusive, continuous, and hostile possession for over 12 years, though this would require strong legal evidence and court proceedings.
Sir, to resolve the issue you should consult an expert lawyer to review past court rulings and explore possible claims like adverse possession due to your long-term management of the shop. 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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