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bomneedhelp77 (owner)     21 March 2011

Ownership through adverse posession in cases of absentee les

I am a  lessee on a property where the lessor has dies without leaving a will. The firm which was collecting the lease rent refused to collect it. We have been in such a situation for the past 25 years. Now we want to redevelop the property. The lease was assigned to a group of 8 people . Out of the 8 nobody is living. They have subleased it to others without proper papers ( no registration ). Now can I get the property transferred into my name and the original 7 through adverse posession ? I dont want to involve the others because they are not registered . Can this be done ?



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 4 Replies

Sabir Bose (Service)     21 March 2011

If you possess the land with paying all the statutory payments i.e. Property Tax, Land Revenue etc, you may like to file civil declaratory suit for obtaining a Decree for title of the property as adversely possessed by you. There is no problem.

SABIR BOSE

LEGAL ADVISER

bomneedhelp77 (owner)     21 March 2011

How long will this process take ? The original lessor and his heirs are dead or outside the country . Do I have to serve them a notice ? How do I show that posession is open , notorious and hostile . We made good faith efforts to pay the lease rent - will that go against us ? Also can I get the title transferred to my name and the others - eg; owners assocation and me . I dont want to list out the other 7 as their ownership is in question too .

bomneedhelp77 (owner)     21 March 2011

Also this property fallas under the jurisdiction of mumbai high court

bomneedhelp77 (owner)     21 November 2011

How long will this process take - to file a declaratory civil suit to declare title by adverse posession


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