Adverse Possesion in CHS Plot
Querist :
Anonymous
(Querist) 17 May 2010
This query is : Resolved
I am 64yrs. I own bunglow in a chs-shares on only my name. Property tax/water /electrcity con.on my name.I have allowed my yuonger brothe to live in wth natural love and affection for 35 yrs. I am occasional visiting to my bunglow.
Naw my brother claims to be owner by virtue of stay of 35 yrs.All requests to vacat neglected.He has put his lock recently to prohibit my entry in my owned bunglow.
Can i break the Lock to enter?
Does he get any rights like advresre possesion?
Pl advise.
Dr A V Ha
R.R. KRISHNAA
(Expert) 17 May 2010
Dear Dr,
Assuming you are the full owner of the bungalow my opinion is as follows:-
Permissive occupation / licence does not confer rights of adverse possession. As such your brother cannot claim adverse possession.
You can file a suit for mandatory injunction and suit for recovery of possession to get back your property.
But first issue a legal notice. Contact a advocate for further advice.
Best regards..,
Virender Pankaj
(Expert) 17 May 2010
A person, who remains in actual, peaceful, open, continuous and exclusive possession of an immovable property for a period of 12 years or more, expressly or impliedly in total denial of the title of the true owner, is deemed to have acquired the ownership and title of the immovable property by adverse possession.
Possession commencing with the permission of the owner does not become adverse by a mere change in the mental attitude of the person in possession. When the origin of the entry is permissive, there is a presumption that the possession if continuing as permissive and it is for the person setting up hostile title to prove, from which date, the permissive possession became hostile.
If your family is Joint Hindu Family, the possession of the family property by a member of the family cannot be adverse to other members of the family. On the contrary, possession of one is considered as possession of all the family members.
As per your query, your brother cannot claim to be owner of the property by adverse possession. You may issue legal notice and file suit for possession, mesne profit and permanent injunction.
