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shreesh tiwari   01 September 2023

Unnamed property ownership

If someone is living in a property for more than 20 years and owner is resident's grandfather he died long back property even did not get transfer to father's name property is still on grandfather's name(only notary no registry). But the residing person is paying electricity bills house tax water bill by himself. Can that person claim ownership on the property by adverse possession act? 



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 7 Replies

Real Soul.... (LEGAL)     01 September 2023

If there is no rent deed or agreement or any prrof of previous rent reciepts that could prove tenancy even in past,then the person can claim adverse possesion. It is better to issue alegal notice and claim rent dues first. Then you can ask for eviction.

shreesh tiwari   01 September 2023

There is no rent deed because there is no owner for that Property. Owner was grandfather then after his demise ownership did not transfer to the father of the resident in that house. 

P. Venu (Advocate)     01 September 2023

The query is short of material facts. 

Laxmi Kant Joshi (Advocate )     01 September 2023

The tenant on the basis of limitation act he can claim ownership right on the ground of adverse possession. 

Advocate Bhartesh goyal (advocate)     01 September 2023

No, merely long possession is not  criteria to claim ownership It should be  adverse/hostile to  true owner.

 

shreesh tiwari   01 September 2023

True owner has died long back ownership transfer has also not been done to his next generation 

P. Venu (Advocate)     02 September 2023

On the death of the owner, the rights, title and interests in the property devolves upon the legal heirs by operation of law. All that is required is mutation in the Municipal snd Revenue records. However, failure to carry out mutation does not extinguish or in anywy alter the rights devolved and vested with the legal heirs.

Of course, the legal heirs need to execute a partition or a settlement deed for separate enjoyment and possession of their proportionate share.


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