Adverse possession - residential building

Adverse possession claims can be complex and require certain conditions to be met, such as continuous and exclusive possession for a specific period, often 12 years in most states. Since you've been living in the property for over 35 years and have documents like your Aadhar card and voter ID linked to the address, these could help support your case. However, it's important to consider the legal rights of your grandmother's other children, as they may have claims to the property as well.

I recommend seeking legal advice to explore your options. Feel free to reach out to me at anshu@lawfinitysolutions.comif you'd like to discuss this further or need guidance on the process.

I'm sorry to hear about the difficult situation you're facing. It’s important to understand that while your husband's refusal may feel like an obstacle, there are legal avenues available to pursue divorce even if one party disagrees. In cases like these, it’s crucial to prioritize your well-being and that of your children. Please feel free to reach out to me directly at neelam.singh@advneelamsingh.com, and we can discuss the best course of action to move forward.

The property will devolve to legal heirs, and adverse posseion cannot be calimed by any co-sharer or co-owner.

You were taken care of by your grandmother but it will not mean that you automatically have any rights over her property.

Upon intestate death of your grandmother the property belonged to her shall devolve on her own legal heirs.

As you are one of the legal heirs of the pre deceased legal heir that is your father, you shall be entitled to a share out of your deceased father's share in it at par with other legal heirs of your deceased father.

There's no question of claiming title by adverse possession.

Since your grandmother died intestate so her own property rights will devolve to her legal heirs I.e her three daughters and son(deceased).Since you are one of legal heir of her deceased son so you are entitled to get a share out og your father's share .Merely staying with grandmother and caring does not give you right to claim title on property on basis of adverse possession. 

Originally posted by : Raja Naik
	Hi - We had a residential building alloted by Bangalore Development authority to my grand mother in 1985. My grand mother had 3 daughters and 1 son and i am grand son of my grand mother and since i lost my father at early age my grand mother took care of me and i am staying in same building since childhood with my grand mother and taking care of her as well and get help from mynsfas status check. My grand mother expired in 2021, Can i apply for adverse possession for this property and i have aadhar card and voter id's for this address where i am living for more than 35+ years?

Challenges in Your Case:

1. Family Ownership: Since the property was allotted to your grandmother, her legal heirs (her children, including your father) have a legitimate claim to the property. Adverse possession is unlikely to succeed against co-heirs or family members, as possession in such cases is typically not considered "hostile."
2. Lack of Legal Ownership Transfer: If your grandmother did not leave a will naming you as the sole owner, the property will pass to all her legal heirs equally under Hindu Succession Law.
3. Residency as a Family Member: Your long-term residence might be seen as part of the familial arrangement, not as an independent, adverse claim.

Just because you have Aadhaar and voter id for that address, you cannot claim adverse possession. You need to have proper title documents in your name. 

Your possession must be hostile to the legitimate owners. You should have already claimed title against them for at least twelve years and you should have been in possession for at least twelve years. 

Usually it is extremely difficult to prove adverse possession against your own family members in a joint property. 

Since your father expired and your grandmother took care of you at that address, it implies that her legal heirs permitted you to stay at that address. It is permissive possession. Not adverse possession.  

Kakoli B.

Consequent to the grandmother's death, the property is jointly vested with all the legal heirs, the querist included. You need to reach an amicable sttlement involving all of them. Any claim from your part, based on adverse possession, is legally unsustainable.