Adverse possession
Ranbir
(Querist) 05 July 2016
This query is : Resolved
Dear sir,
I am residing in my great great grandfathers house for more than 80 year now in the past the house was transferred in the name of all the brothers and sisters excluding my great grand mother who was the daughter of my great great grand father now I am the sole person residing in the property for more than 30 years and no one has bothered to look at the property sir I repair the property do every other work related to the property but know I want to transfer the property in my name as they are trying to sell the property without my consent can I claim adverse possession to the property when I am residing in the property and they are trying to oust me from the property
J K Agrawal
(Expert) 06 July 2016
To claim adverse possession you shall have to prove hostile possession. You can do so but it is very tough.
Merely you living alone for long time does not mean that you have hostile possession. They can sell the property without your consent but purchaser can not dispossess you from property even after purchase until the property is not divided by metes and bounds.
Rajendra K Goyal
(Expert) 06 July 2016
By living long time, you are not the owner of property. Other shareholders can sell their share.
DR.VEDULA GOPINATH
(Expert) 07 July 2016
As per supreme court ruling under the principle of adverse possession you get certain rights. Unless you give your free consent and approval, you cannot be dispossessed the property. You should fight in the higher courts for your rights.Normally the legal owner or intending purchaser should give you some amount (popularly known as pagidi) and take your consent. Also you can demand for alternative accommodation for living.
cs Dr Vedula gopinath
