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Indianresident (Proprietor)     25 August 2010

ADVERSE POSSESSION

If a person is in possession of a property from Last 15 years. He is having possession, Lock & key of property from last 15 years. He is running business from same property from last 15 years. If he is paying to owner every year some charges as share of electricty bill. No Rent is paid by him. Now redevelopment of property is under process. Can he claim ownership flat from builder/ developer in redeveloped building? Can he be treated as tenant? what will be his right?



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 2 Replies

Rajkumar Tiwari (Lawyer)     25 August 2010

You have said that you are giving as a share to some charges of electricity every year to owner of property, it indicates that owner is given you a part of premises to use, owner can recover this part of property from you any time within 20 years.

Indianresident (Proprietor)     26 August 2010

There is no agreement between the person who got possession & owner. Its a seperate room of a owner which is in complete possession of  possessor from 15 years.  Electricity is combined so some nominal share is paid to owner every year. Telephone is in possessor name from last three years. what will be possessor's right? or he just have to vacate premises as per owner's instruction.


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