Occupational and possession right.

Querist : Anonymous (Querist) 30 January 2021 This query is : Resolved
I am occupied and possed an part of ancestral property at Gujarat more than 30 years without the objections of any heirs and they do not care for the same. I incured all expensess of maintanance repairing electricity water and Municipal taxes since more than 30 years. I can get ownership or tital on my name and Tital owner is expired without making WILL. CAN I CLAIM OWNERSHIP WHATS A PROCEDURE.

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Advocate Bhartesh goyal (Expert) 30 January 2021
If you can prove that Property is being used and in possession of you since last 12 years continuously without any interruption and you are not only maintaining and repairing but also paying taxes and your possession is hostile against true owner then file suit for declaration in civil court and get declared ownership of property.

SHIRISH PAWAR, 7738990900 (Expert) 30 January 2021
Hello,

As per my opinion, you can retain the possession till any order but you cannot get ownership of the land. Visit local advocate and discuss in full length he may find out some solution.

J K Agrawal (Expert) 31 January 2021
You can get title over property but not easy if your co sharers contest it. To prove adverse possession again a co-sharer is one of the toughest job in lawyers practice.

K Rajasekharan (Expert) 31 January 2021
The Supreme Court makes scathing attack on the concept of adverse possession in some judgements.

It says, adverse possession allows a trespasser - a person guilty of a tort or a crime in the eye of the law - to gain legal title to land which he has illegally possessed for 12 years.

It adds that in logical and moral terms it is baffling to see how an action of illegality for 12 years turns into legal title. This outmoded law asks the judiciary to place its stamp of approval on the doctrine of adverse possession which the ordinary Indian citizen would find reprehensible. The doctrine has troubled a great many legal minds. Therefore there is a need for change.

The court says the doctrine is an absurdity and a black mark upon the legitimacy of the justice system.

A brief overview of the concept including its criticism is narrated in an article at https://www.lawwatch.in/2020/03/14/adverse%20possion/

P. Venu (Expert) 01 February 2021
How is that the property is ancestral? What are the circumstances in which you are in possession/occupation of the property? Are you co-parcener in the said property?

Querist : Anonymous (Querist) 02 February 2021
kind attn. P. Venu sir
as i am also legar heir or coowner of the property occupied by me no one objected and consented. No any objections or obstacle raised by other heirs. the property was constucted out of common family joint earning purse and also constructed out of income by way of other ancestral property.

P. Venu (Expert) 03 February 2021
Possession of property by a co-owner could never be adverse to other co-owners.

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