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Ramana (Business)     01 January 2024

Regarding adverse possession

Hi,

There is a property of 1 acre in tamil nadu, where in 2 brothers have executed partition deed after their father's demise. Now the father's sisters are coming and asking for claim in portion of land now after partition deed. But the land was in out father's possession for about 40 years and in our possession for about 2 years. Can we apply for adverse possession against government and get clear title for the land under our names based on possession of land for about 42 years?

 



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     01 January 2024

If the property was inherited by your father by not giving any share to his sisters then they can file a suit for partition and separate possession of their share in the property. 

Law of adverse possession may not be maintainable under this circumstance. 

Dr. J C Vashista (Advocate )     02 January 2024

Whether your father has encroached subject land ? Who is the actual titleholder of the land ? 

Ramana (Business)     02 January 2024

When you say title I am assuming the Entry in Sub register office. If you are talking about sub register entry then neither my father nor my grand father has entries or registered the property. But my Grand father had patta document and then it was transferred to my father and now property is registered under brothers name after partition deed.

T. Kalaiselvan, Advocate (Advocate)     02 January 2024

Assuming that it was your grandfather's property to which the patta is an evidence, it would be improper for his sons alone to share their father's property leaving behind the daughters without any share.

Therefore, even though your father and his brothers have partitioned the property, they have not given any share in the property or any consideration to compensate them for a share, then it can be treated as deprivation of rights of their  famale siblings.

As per hindu Succession Act, 1956, the daughters have equal rights in their father's property at par with the sons. Therefore their suit for partition is very well maintainable. 


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