Adverse possession act
santosh Pawar
(Querist) 11 March 2014
This query is : Resolved
Sir,
Our old house stands in the name of grandfather who expired in 1999. I have two uncle i.e. my grandfayher has three sons as his legal heirs.My father along with his family i.e.myself and my mother came to stay in above house and said house is in our possession since last 50 years without any dispute or objection. But the property card,electricity bills and other legal documents are still in the my of grndfather. We have address and other proof showing the said house is in our possession since last 30-40 years. My father expired in 2008. but till date no legal heirs have come forward to claim the property. If we go to them for NOC, they will not respond as our relations are not that good.
Sir my question is can we apply, being the legal heirs,in the court for ownership of house under adverse possession act or is there any other way to get the legal ownership. Please guide. We stay in Pune.
Vidhi Joshi
(Expert) 12 March 2014
No, you cant claim adverse possession in this case because the property is family property and your uncle too have equal right on the same, but you can get relinquishment deeds from them if they agree and then replace name of your grandfather to yours.
Rajendra K Goyal
(Expert) 12 March 2014
The property belongs to all legal heirs. Get a gift deed /relinquish deed or family settlement for transferring ownership in your name.
Rajendra K Goyal
(Expert) 12 March 2014
The property belongs to all legal heirs. Get a gift deed /relinquish deed or family settlement for transferring ownership in your name.
T. Kalaiselvan, Advocate
(Expert) 13 March 2014
The property will devolve upon all the legal heirs to your grandfather who died intestate. Therefor, if you are in good and talking terms with your uncles, convince them and get a registered release deed executed in your favor by relinquishing their rights in the property to solve the issue amicably or there is no other option than to go for a mutual or legal partition.
