Adverse possession

Querist : Anonymous (Querist) 02 October 2015 This query is : Resolved
Hi... My grandmother died in 2005. She left without doing any partion to her son and daughters. Currently my father is staying there and paying taxes for the past 10 years. After two years can we claim adverse possession on the property?? Do we get the rights to sell property??

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K.S.Srinivas (Expert) 03 October 2015
Section of the Limitation Act:

27. Extinguishments of right to property -

At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.

Under the doctrine of adverse, possession,the person may establish his ownership against the true owner after the fulfillment of all legal requirements. The owner of the property must have actual knowledge
of adverse possession.

Possession must be with intention of ouster of the real owner :-
Animus possidendi necessary. Possession does not become adverse when
the intention to hold adversely is wanting. Person holding property by way
of adverse possession must publish his intention to deny right of the real
owner. His intention of adverse possession must be within notice,knowledge of the real owner. If there are circumstances showing open and notorious act of taking possession, knowledge may be presumed. Where the assertion of right is secret and not open, the possession can not be held to be adverse. In the case of Bhimrao Dnyanoba Patil Vs State of Maharashtra,2003 (1) Bom. L.R. 322; 2003(1) All MR 565 ; 2003 (2) LJSoft 131, it has been held that, unless enjoyment of the property is accompanied by adverse animus, mere possession for a long period even over a statutory period,would not be sufficient to mature the title to the property by adverse possession.