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surya (ffch)     04 January 2018

Adverse possession

Respected sir, What is the fate of adverse possession if the squatterer dies.can he pass on his rights to his children who are possession of the property .Even the person was not in possession but he claimed for adverse possession under the Colorado of title which was null and void.His title was void abinitio (i.e.) the person who sold him this land had no title.Now can his children claim adverse possession over the land?


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 3 Replies

Nitish Banka (lawyer)     04 January 2018

Dear Surya,

Adverse possession can be used as defence and this adverse possession should be in the knowledge of the real owner and a person claiming adverse possession must admit the title of the owner and then claim ownership by adverse possession by showing 12 years in the possession of the property. the possession will pass through children.

Adv. Nitish Banka

9891549997

Kumar Doab (FIN)     04 January 2018

Generically speaking; the succession is for the deceased owner of the property, in whose name title of the property is vested.

The squatter being not the legitimate title holder, the legal heirs of deceased squatter may not succeed to claim on succession.

They may at the most keep squatting on the said property until or unless they are given any relief by courts of law or evicted.

Kumar Doab (FIN)     04 January 2018

Preferably approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in such/civil matters and having successful track record, before jumping to any conclusions or to initiate dispute and approach courts, and obtain considered opinion on facts of the matter and evidences.


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