Adverse possession

craj (Querist) 03 January 2015 This query is : Resolved
My parents have been living with my brother since 1980. In 2002, my parents decided to split the properties (two houses and 10 acres of land) as if they are inherited although I equally contributed to build those houses. He rented his house and has been living with my parents in my house since 2002. I have been living in Bangalore since 1995 and they are in a Taluk. The two houses and 10 acres of land are in his name although I equally contributed to build those houses. I should have done the registration (Khata change from his name to my name) in 2002, but I did not. I am now asking him to transfer the house to my name and vacate it. He is saying that he will have my house by adverse possession. Is it possible legally? What are the requirements for adverse possession?

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Devajyoti Barman (Expert) 03 January 2015
It is now to late for you to do so. You can claim share by way of filing a partition suit but in absence of proof of your contribution you would face great difficulty to get your share.

ajay sethi (Expert) 03 January 2015
since house is in your brother name you can evict him from said house . you have no evidence you contributed equally to building of the house . better arriave at an amicable settlement with brother with help of elders in family

Guest (Expert) 03 January 2015
'Not' is Missing in the First Sentence of above Reply Please.

Rajendra K Goyal (Expert) 03 January 2015
Try to have an amicable settlement, legal position in your favor is not very strong.

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