Can co-owner plea adverse possession against other co-owner
Querist :
Anonymous
(Querist) 29 December 2018
This query is : Resolved
Question.Can there be adverse possession & ouster by co-owner A in possession against other co-owner B not in possession for more than 12 years. A is receiving rent of one property and also occupying one other property and having uninterperrupted ,peaceful, open, continous & exclusive possession.
Are 12 years are counted from the day A declares ownership, Kindly explain this. How is ownership declared, will A send notice to B that he is owner by adverse possession,when will time start running.
I am informed by my Lawyer that there is never adverse possession & ouster against co-owner not in possession for more than 12 years by other co-owner in possession, any judegement.
Dr J C Vashista
(Expert) 30 December 2018
What is the advise of your lawyer, you have engaged for contesting the case(s) for you ?
Why do you need second opinion/ obligation of experts on this platform, except the fact it is available FREE OF COST ?
Have you lost faith in your counsel ? If so, change him/ her immediately.
An anonymous author may not expect valuable response and obligation of experts as per rule of this platform.
Kumar Doab
(Expert) 30 December 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.
Kumar Doab
(Expert) 30 December 2018
A Good Counsel doesn’t render Bad advice. Moreover there are Codes of Conduct for lawyers/Rules on Professional Stanadrads..
Lawyer are taught not to teach/profess/practice; illegalities!
Teaching illegalities even in covert manner is against LAW !
Your LOCAL counsel must have examined all facts and opined.
You have posted that;
“Question.Can there be adverse possession & ouster by co-owner A in possession against other coowner B not in possession for more than 12 years. A is receiving rent of one property and also occupying one other property and having uninterperrupted ,peaceful, open, continous & exclusive possession. Are 12 years are counted from the day A declares ownership, Kindly explain this. How is ownership declared, will A send notice to B that he is owner by adverse possession,when will time start running. I am informed by my Lawyer that there is never adverse possession & ouster against co-owner not in possession for more than 12 years by other co-owner in possession, any judegement.”
Your own Lawyer has already adviced you.
You have already posyted IT in 1st post/query in the thread (until or unless you have modified the query).
Have you modified the query?
Kumar Doab
(Expert) 30 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Revenue/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; O/o Tehsildar, Revenue/Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Revenue/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
In the meantime you may go thru;
Property law (Property Law)
http://www.lawyersclubindia.com/experts/Property-law-601596.asp
And pick up relevant points e.g; on Bad Faith Adverse Possession..
