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SDShekhars (Doctor)     19 July 2016

Staying in a house since last 25 years

Hi Sir
I need an advice on the below.
I am currently staying in a house since 1990,
this house was owned by my late mother(House was brought on the name of the mother and was not an ancestral property inhertied by my mother).
 In 2005, though my mother's power of attorney, my brother sold off that house in 2005 without our knowledge.
Until now I am staying in the house with my family and till now no claim made by the person who had brought that house in 2005.
There is no rent agreement or lease also after 2005 that I signed. My mother passed away in 2012.
I have been staying in the same house since 1990.
I would like to know if I have a  claim to the house I am staying in and if yes then what kind of a claim will I have  ?

Can the current owner sell the house without our knowledge
Any advice in this matter will be highly appreciated.



Learning

 5 Replies

saravanan s (legal advisor)     19 July 2016

You can make claim through adverse posession.

SDShekhars (Doctor)     19 July 2016

Dear Saravanan. Thanks for the reply. Though it has only been 11 years since the house was sold, will the adverse possession be applicable in this case?

JustAdvisor (IT)     19 July 2016

safer bet is 12 years. ...

SDShekhars (Doctor)     19 July 2016

though the house has been sold to some one 11 years ago but we have been staying in that house for 25 years, will the the adverse possession be applicable in this case?

JustAdvisor (IT)     19 July 2016

for adverse possession you should enjoy property to the exclusion of and adverse to the real owner. your earlier period was not to the exclusion of your mother nor adverse to her.

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