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Raja Naik   02 January 2025

Adverse possession - residential building

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.

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?

 



 12 Replies

Anshu Sharma (LAWFINITY SOLUTI   02 January 2025

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.

Neelam Singh   02 January 2025

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.

Real Soul.... (LEGAL)     02 January 2025

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

T. Kalaiselvan, Advocate (Advocate)     02 January 2025

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.

Advocate Bhartesh goyal (advocate)     02 January 2025

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. 

bonitasummers   03 January 2025

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.

She Commie   03 January 2025

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.

 

P. Venu (Advocate)     04 January 2025

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.

She Commie   05 January 2025

In a joint property, if only one of the joint owners is in actual physical possession, then he is deemed to be in possession on behalf of all the joint owners. This is the legal position. It is also expressed as follows:

POSSESSION BY ONE CO-OWNER IS POSSESSION BY ALL CO-OWNERS. 

In a joint property, adverse possession by one co-owner against other co-owners is very difficult, though it is not completely ruled out. 

Adverse possession requires adequate evidence. Your Aadhaar card and voter id for that address will be insufficient. You will need other supporting evidence, which would be difficult. The limitation period is twelve years. You must prove openly hostile possession for twelve years. 

Though adverse possession is legal, it is actually unethical and immoral. Supreme Court of India had suggested in the past that the Parliament should either scrap the law of adverse possession completely or make it extremely difficult. However, our politicians did not do the needful till now. 

The law of adverse possession is not very clear too. 

Kakoli B. 

waylonwesley   06 January 2025

 Since you have been taking care of your grandmother and residing sprunki 2, this can be seen as exclusive possession. Gather all relevant documents, including proof of residence, your grandmother's death certificate, and any other supporting documents. While your long-term residency and caretaker role could support a claim for adverse possession, it's essential to seek professional legal advice to navigate this process effectively.

T. Kalaiselvan, Advocate (Advocate)     07 January 2025

Don't be misguided by your own misconception of law and seek remedy which may not be legally valid nor maintainable 

You may look for other options through the legal heirs to attract their sympathy to gift the property to you based on the services you rendered.

M.Chandra shekar (CE)     08 January 2025

Sir,

The Property is allotted by the BDA,  it still vests with the authority, it might not be possible to claim adverse possession. All the legal heirs must approach the BDA and obtain the absolute sale deed, after fulfilling the legal formalities as per the BDA Act. 

MC


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