Room without an owner

Querist : Anonymous (Querist) 27 January 2012 This query is : Resolved
we are a family residing in a flat past 27 yrs.The flat is not in our name & the flat owner is not there nor we are paying rent.My father had got this room through company.The flat is in name of a person whose whereabout are not known.So does it become our property since we are residing past 27 yrs & own it legally.

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ajay sethi (Expert) 27 January 2012
sinceflat is not in your name you are not the owners . you do not own the propertylegally

Raj Kumar Makkad (Expert) 27 January 2012
I presume that you want to ask whether you have got ownership by way of adverse possession or not.

The adverse possession should be open and hostile to the real owner which both conditions are not fulfilled in your case so legally you are not owner but continue as such till any dispute arises.

Sailesh Kumar Shah (Expert) 28 January 2012
I completely agree with views of Mr.Makkad.

V R SHROFF (Expert) 28 January 2012
I too completely agree with views of Mr.Makkad.

Once such problem came to me. I publish a Public Notice in News Paper, inviting objections, and on not receiving, registered a Sale Deed., as he wanted to sell that Flat . It worked. It was a case when builder ran away, giving possession illegally of earlier purchaser who was also missing for 20yrs.

prabhakar singh (Expert) 29 January 2012
agree with views of Mr.Makkad.

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