Umesh (pROPRIETOR) 24 August 2010
My Uncle has been in continuos Poceesion on a plot of land for the past 25 to 30 years.
he has been paying all the property taxes and statutory uyility bill and has receipt in his name.
After building a house on the open land after 25 years his sister could not resist the temptation to acquire
back the old home in a village after escalation in property price .How can my uncle go about claiming pocession as his sister has discretely got the plot transfered in her name only 4 years back.
adv. rajeev ( rajoo ) (practicing advocate) 24 August 2010
Umesh (pROPRIETOR) 24 August 2010
Thanks Mr Raju for Your reply.
My Question is wheather my uncle can claim ownership by adverse pocession as he has enjoyed uninterupted pocession for the last 25 years . The property actually was in the name of his mother
and he had never tried getting it transfered.
Srinivas (Director) 24 August 2010
Umesh,
Your uncle would have to show solid proof that he possessed the land adverse to his mothers interest for more than 12 years in a continous & peaceful way.
From the little facts you presented, this may be hard. Your uncles sister will have right to partition.
How did the sister acquire the land in her name? If the property is ancestral, you can challenge it and seek partition.
Since your
Srinivas
Bhartiya No. 1 (Nationalist) 25 August 2010
adverse pocession does not apply here, as in family property where unity of possesion is there adv. possession does not apply also hostality which is main ingredient is missing , the other thing is he has not entered into the land unlawfully. It may come under permissive possesion.
Better consult any good civil lawyer and wait for the reply/opinion of an expert.
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