Adverse possession

Greetings of the day.

As per the facts laid out by you, I wish to tell you that your uncles can claim the adverse possession of the property, since they have been using the property, without any interference for a period of more than 12 years, from 2007. In case of private property, Article 65 of Schedule I Part V, lays out that if possession of an immovable property continues for a period of 12 years, the said possessor shall have the right of seeking adverse possession. But since you got the deed in 2011, the period of 12 years may start from 2011, and in that case, your uncles cannot claim possession atleast till 2023. But they are in possession since 2007, so there will arise a contention in their favour.

But not only they had the possession, they also had the relevant documents to support their claim, namely the patta passbook. So, they can claim the adverse possession since the conditions are fulfilled i.e. the possession should be hostile, actual, open and continuous.

In case of blood relatives, a possession of a family property by any member of the family cannot be adverse to other members. But in such a case, the person should hold the property for the family. It was also held by SC in Darshan Singh v. Gujjar Singh, (2002) 2 SCC 62 that It is well settled that if a co-sharer is in possession of the entire property, his possession cannot be deemed to be adverse for other co-sharers unless there has been an ouster of other co-sharers." So, generally, there is no adverse possession in case of blood relatives.

And moreover .we gave  RDO petition  for patta passbook cancellation against my uncles and enquiry date on 18.08.2021.

Thank you so much sir for clearly explanation of my problem...