Adverse possesion

This query is : Resolved 
 


Querist : Anonymous (Querist)
16 August 2019

i have a step brother who lives in america during my father death he said he has no interest in the property but when he left to america he stole the sale deed and refusing it therefore i have given police complaint and mutated the house in my name . now as i had to taken the house it is 12 years and i have been having this house open , hostile and continous i would like to apply for adverse possesion and sell the house and there is no joint title. He is unwilling to bring the title or claim . neither i am accepting to comprise with him.


Dr J C Vashista (Expert)
16 August 2019

It would be better to procure duplicate copy of Sale Deed from concerned SRO to confirm your title, mutation with municipal authority do not confer title.
Person in adverse possession do not hold title of any property.
It is advisable to consult a local prudent lawyer for proper appreciation of facts/documents, guidance and proceeding.
An anonymous author may not expect any valuable guidance from experts as per rule of this platform. .

Hemant Agarwal (Expert)
16 August 2019

1. "IF" somebody is willing to purchase the house on basis of "as it is where it is condition", "THEN" Go Ahead & Sell the house, based on the presently available documents /mutation records. Step-Brother can claim "sale proceeds" only when he files civil suit against you, which is highly improbable.

2. While agreeing with Expert Dr. J.C.Vashista, you will not be able to claim "adverse possession" of your father's property, more so specifically, when you are legally entitled to be in possession of property by virtue of being a Legal Heir (Legal Default).

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

P. Venu (Expert)
16 August 2019

From the facts stated, the property, on the death of the father, is vested with you and your stepbrother (and other legal heirs, if any). As such you cannot claim or establish adverse possession. Mutation carried out in revenue or municipal records are of no consequence.

N.J.S.Rajkumar alias narasimha (Expert)
16 August 2019

Time Limitation to file any Suit in such cases like yours is 12 years.Only

N.J.S.Rajkumar alias narasimha (Expert)
16 August 2019

As you had already given a Police Complaint with regard to documents nothing to worry.

N.J.S.Rajkumar alias narasimha (Expert)
16 August 2019

Please do not have any communication with your Step brother which they could record and give them a chance to reopen the issue

N.J.S.Rajkumar alias narasimha (Expert)
16 August 2019

Just give an News paper advt in Local News Paper with regard to Sale and Proceed

N.J.S.Rajkumar alias narasimha (Expert)
16 August 2019

All the Best ......



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