Continued possession - land rights

There is no straight answer to your query.  You have to discuss the matter with a lawyer well versed in property law in your area, along with all the documents.

A co-sharer enjoys possession of undivided property not in his personal capacity, and represents the entire undivided group of legal heirs.  He can not claim exclusive possession, he is having possession for and on behalf of all others.   This is a simple issue that can be sorted out with any local advocate.  It is the burden of proof on that person who claims possession, that there was a division in the family, and he is having exclusive possession for himself.

In your case theory of adverse possession does not apply also contnous possession for 10 years does not give ownership rights.consult with papers to any prudent local lawyer having knowledge in property matters.

In your case theory of adverse possession does not apply also contnous possession for 10 years does not give ownership rights.consult with papers to any prudent local lawyer having knowledge in property matters.

In your case theory of adverse possession does not apply also contnous possession for 10 years does not give ownership rights.consult with papers to any prudent local lawyer having knowledge in property matters.

Hindu family ancestral property or coparcenary property can be held by the Karta in his name, although the share of all other coparceners in the said property cannot be denied/ignored/refused. The Coparcenary property can be divided amongst the other members of the joint Hindu family according to their applicable share in it, if any of the coparcener of Hindu family want the division of the property either by filling suit for partition in the civil court or by making a proposal for the same to all the coparceners of the Hindu family this can be done.

As far question of adverse possession is concerned that is not applicable for the property which is ancestral/coparcenary in nature and that too just for 10 years, property for which adverse possession can be made has to be held for 12 years according to limitation period.

Not necessarily even if the said possession is for 10years.

The share of Co-sharers does not vanish with time.

The Apex Court has decided such matters and in lucid manner shrugged off many cases citing ‘Bad faith adverse possession’.

 

You may go thru;

 

Whichever side you are; perpetor, sufferer you may approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in such/civil matters and having a successful track record and show all docs, facts, inputs for a considered opinion.

You have not posted the material facts. The facts posted do not suggest any claim based on adverse possession.