suryaprakash (svd) 01 February 2013

Adverse possession of property

I own a property but have been living away from the property. One of my relative has been living in the property for more than twelve years. I have been visiting and living once in few years for about a week or so. Can the relative now claim the property on the basis that he lived in the property twelve years? What is a adverse possession law? Does it consider my timely visit to the property to break teh tweleve year stretch?

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Karl Jacob (Partner/Advocate) 01 February 2013

Adverse possession can be claimed only when the person was possessing the property denying your title from the beginning and continously in an open manner. So if u could prove that he was possessing the property with your consent then there cannot be adverse possession.

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Advocate Vishnu (Advocate) 01 February 2013

If you can show some document wherein you can prove that, the chain of 12 years is broken, then your relative cannot claim adverse possession. Even the revenue receipt of the property will suffice.