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adverse Possession

(Querist) 25 July 2011 This query is : Resolved 
Ms. A gives the property to Mr. B in the year 1985 in consideration of love and affection. Both A & B are Hindu. A never made any gift deed in favor of B. A died after some period of time of this gift and leaving behind 2 daughters. Now in 2011 onwards the heirs of Ms. A want this house for their use and harassing B and their family members to leave this property. They even send the notice under which they are considering b as a tenant.
Now the question is that can B go for the suit of adverse possession OR B may go for “ORAL GIFT”?
Shastri J.K. (Expert) 25 July 2011
B" can go on“ORAL GIFT” basis. only defence can be taken of adverse possession
R.Ramachandran (Expert) 25 July 2011
The question of "Oral Gift" has no validity especially in regard to immovable property.

As regards, the claim of "Adverse Possession", the person in Adverse possession can at best try to defend his possession. The said person cannot file any suit for declaration of title in his favour on the basis of "Adverse Possession".

adv. rajeev ( rajoo ) (Expert) 25 July 2011
when parties are Hindus oral gift defense is not sustainable. Adverse possession can be claimed.
B.B.R.Goud. (Expert) 25 July 2011
sir. u need to elucidate the issue further. any how it is better to opt for adverse possession instead of oral gift, which needs compulsory deed and its registration. further u may contact an advocate of ur area.
Ravikant Soni (Expert) 25 July 2011
Oral gift is not recognized by law.
To take the plea of Adverse possession you must prove hostile possession for a period of 12 years or more.
M/s. Y-not legal services (Expert) 27 July 2011
Yes. Adverse possession can be claimed. For that also whats are the evidence in favour to you?
R.Ramachandran (Expert) 27 July 2011
Dear Mr. Tom,
One cannot approach a court with a suit and ask for declration that you are in adverse possession. On the contrary, if any suit is filed against, then the person in adverse possession can defend saying that he is in possession of the property uninterruptedly and without any objection or protest from any quarter for more than 12 years etc. etc. It is a reactive step and definitely cannot be a pro-active step.
bhagwat patil (Expert) 27 July 2011
try plea of Adverse possession appoint local lawywer
Prof.A.S.Dalal (Expert) 27 July 2011
Only the plea of adverse possession "if you are able to prove" will be good in law & why -you can plead for oral gift
Surrender K Singal (Expert) 28 July 2011
Expert Ramachandran seems to have summed up the whole matter wisely


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