Property
satish
(Querist) 11 December 2009
This query is : Resolved
My client mother acquired property from her father who has dead. My client mother is going to sale the property. My client is residing in that property since 25 years. Whether my client can claim the property by the way of adverse possession or any other way ?
Raj Kumar Makkad
(Expert) 11 December 2009
The plea of adverse possession is not available to your client in the given circumstances, however, he can secure his eviction by way of stay order and can also make dispute of the proposed sale claiming therein the co-sharer in the ancestral property as ancestral property is not limited to the father side rather it also includes mother side.
joyce
(Expert) 11 December 2009
As its ancestral meternal property u have right in it so, get a stay order and claim ur right.
adv. rajeev ( rajoo )
(Expert) 12 December 2009
There is no cause of action for the adverse possession. He can file a suit for permanent injunction as " not to evict him from the suit property without following the due process of law.
It is necessary to know how the property is acquired by your client's mother from her father.
If the property is ancestral property of her father then go for partition suit.
