property

Querist : Anonymous (Querist) 01 February 2011 This query is : Resolved
MY MOTHER WAS A TENANT(OLD BLDG) IN MUMBAI AND SHE PASSED AWAY RECENTLY.THE RENT RECEIPTS ARE IN MY GRANDFATHERS NAME(MOTHERS FATHER).AND MY MARRIED SISTER WAS PRESENT DURING HER DEMISE.NOW MY UNCLE SAYS THAT THE FLAT BELONGS TO HIM(ALTHOUGH HE LIVES IN ANOTHER STATE ALTOGETHER.AND IS AKSING US TO VACATE IT.
DOES HE HAVE ANY RIGHT TO IT IF WE WANT TO SELL THE PROERTY OFF.?
MY MOTHER HAS BEEN LIVING THERE FOR THE PAST 40-45 YEARS.AND ALL RECEIPTS ARE IN HER NAME EXCEPT THE RENT RECEIPTS WHICH ARE IN MY GRANDFATHERS NAME..
PLEASE ADVICE..

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Amit Minocha (Expert) 01 February 2011
if you are a tenant how can you sell the property ?

Ganesh Chavan (Expert) 01 February 2011
Your mother acquired adverse possession as they have been in occupation of the property more than 12 years and also
The Limitation Act -Article 64 also mention that the claim for dispossession over Immovable Property must be Brought before the expiry of 12 Years and indirectly if the real owner not brought suit before the expiry of the 12 Years any Peson even Tenant who is in actual Physical Possession over property get an Adverse Possession over the Immovable Property for this Supreme Court of India in the case-- AIR 2008 SC 346 Annakili vs A. Vedanayagam & Ors
Claim by adverse possession has stated two elements : (1) the possession of the defendant should become adverse to the plaintiff; and (2) the defendant must continue to remain in possession for a period of 12 years thereafter. Animus possidendi as is well known is a requisite ingredient of adverse possession.
And in your case Your MOTHER HAS BEEN LIVING THERE FOR THE PAST 40-45 YEARStherefore she gets an Title over property by an Adverse Possession and you have an Proof of this.

Querist : Anonymous (Querist) 04 February 2011
Thanks for ur reply.
understand that my mother has acquired adverse possession,but now since she expired recently,and we are 3 daughters all married and settled in maharashtra.
My mother's brother (my uncle)is staking a complete claim over the flat.
Please specify the rules in these circumstances..
my uncle is not ready for anyknd of reconciliation with us over it.

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